In this episode, Ted sits down with Ken Crutchfield, Founder & CEO at Spring Forward Consulting, to discuss the evolving economics of legal services, the role of ROI in legal tech decisions, and how AI is reshaping the structure of law firms. From the build vs. buy technology dilemma to the limits of the traditional partnership model, Ken shares his expertise in legal technology strategy and industry transformation. Exploring how managed services, automation, and market pressures could reshape legal work, this conversation challenges law firm leaders to rethink how they invest in technology and compete in a rapidly changing legal landscape.
In this episode, Ken Crutchfield shares insights on how to:
Evaluate ROI in legal technology without slowing innovation
Decide when law firms should build technology internally vs. buy existing solutions
Understand the limitations of the traditional law firm partnership model
Navigate the rise of managed services and automation in legal work
Prepare law firms for the structural and economic changes driven by AI
Key takeaways:
Overemphasizing ROI can prevent law firms from experimenting with transformative technologies
The partnership model often discourages long-term investment in innovation
Most law firms are better positioned to be technology adopters rather than technology builders
Managed services and automation could reshape how legal work is delivered
AI and market forces are putting pressure on the traditional law firm structure
About the guest, Ken Crutchfield
Ken Crutchfield is the Founder and CEO of Spring Forward Consulting and a longtime leader in legal and information services. With more than 40 years of experience across organizations such as LexisNexis, Thomson Reuters, Bloomberg, Dun & Bradstreet, and Wolters Kluwer, he has built a career focused on growth, innovation, and business transformation. Drawing on both engineering and business expertise, Ken helps companies understand how emerging technologies like generative AI can reshape markets and create new opportunities.
I keep coming back to the DNA of innovation in America. We have been an act first, regulate second.
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Mr. Crushfield, how
are you this afternoon?
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I'm doing wonderful.
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How are you, Ted?
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I'm doing great.
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I'm doing great.
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We're, uh, we're just
digging out of the snow here.
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This is, um, late January and I think
the whole country had some, some weather,
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but, uh, you're in sunny Florida, correct?
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I, I did.
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We dodged, my wife and I decided
to test the Snowbirding thing with
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the independent advisory work, so
we bailed out about a week ago and
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came down to Lauderdale and it's.
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Great weather.
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It was 84 yesterday while everybody was
getting pummeled and uh, you know, a
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little cooler today, but I'll take it.
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Good for you man.
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Good for you.
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Um, well let's, uh, let's,
let's get you introduced.
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Um, you and I have have bumped into
each other throughout the years.
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We had a great conversation at TLTF
and I was like, man, we gotta get
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you on the podcast 'cause you're a
wealth of knowledge in this space.
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So, um, why don't you tell everybody who
you are, what you do, where you do it.
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Sure.
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So I'm, I'm Ken.
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I live in Alexandria, Virginia
right now, right outside of dc.
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I am an independent advisor.
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I work with legal tech startups, uh,
helping advise them on product market
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fit, so product strategy, market strategy,
basically how to, uh, raise money
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and then how to scale and make money.
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Those are the, the core things I do.
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I also work with a few other, you
know, uh, larger corporations too.
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Uh, but I've been independent
since June when I left Walters Klu.
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I've been around the market in since
1982, so coming up on 44 years,
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um, when I first stumbled into
LexiNexis back in Dayton, Ohio as
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I was, uh, looking for internships.
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So you've been around a while?
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Yes.
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You've seen a lot of, uh, you've seen a
lot of cycles and, um, I've been around,
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uh, less than half of that in legal.
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Um, I got started in right around the
time of the Great Recession, which was
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a hell of a time to start working with
law firms, but it all worked out, so Wow.
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Uh.
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Made it through.
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Um, well, you and I had a
conversation in, in Austin.
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Mm-hmm.
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And I think we, we shared some common
beliefs and, you know, one of the
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things that, that we talked about.
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Was, you know, as part
of this transformation.
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I see.
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So we have, uh, I think we have
50 4:00 AM law clients to date.
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So we, one out of every 4:00
AM law 200 firms use us.
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And so we get across, but I've worked with
more than half, half the AM law probably.
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Approaching three quarters
at this point, but Right.
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I've seen a good cross-sectional
view of inside law firms, how they
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operate, what's similar, what's not.
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And what I'm seeing now is I'm seeing
a kind of a bifurcation of firms
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that are kind of going all in and
really embracing this opportunity.
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And some firms that are just stuck.
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Mm-hmm.
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And the ones that seem stuck.
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Seem to be over-indexing on ROI
is what it looks like to me.
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And I have a theory that I'd
love to get your take on.
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Um, I think that ROI is a
very important concept, right?
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Um, they teach us this in
business school and investors.
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You know, pay close attention to
ROI and return on invested capital
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and, and all these sorts of things.
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But when you're in a state of disruption
over-indexing on ROI and locking down the
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pocketbook can be, can set you behind.
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And I feel like.
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This is what I'd love to get your take on.
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A lot of the r in ROI return is,
is learning some of these firms,
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you know, getting out there, trying
some things, experimenting, um,
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exposing the practice to these new
ways of, uh, conducting business.
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Um, are you seeing that
bifurcation and what is your.
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What are, what are your thoughts on,
on ROI at this stage in the game?
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Yeah.
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I think for corporations it makes
a lot of sense because better,
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faster, cheaper is part of the
DNA of of being on a corporation.
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Law firms, especially when you're
billing by the hour, it's, it's hard
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to measure ROI, um, because the more
effective, the more efficient you are.
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The.
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Less money you might make if
you're charging by the hour.
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So I view this as a, an
issue of competitiveness.
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How do you stay competitive?
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And that, that creates some conundrums
that I'm sure we'll talk about a little
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later in, in this, uh, in this podcast.
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But one of those is, you know, you
don't wanna be so far out ahead.
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Um, you're outside of the herd, but
you also don't want to be left behind
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and be, you know, left, uh, you know,
for the, you don't wanna be the gazelle
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that gets, uh, eaten by the lion.
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So there is a little bit of this herd
mentality where it's really important
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to be able to quickly respond.
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And one example I I
remember hearing was a, um.
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Uh, AM 10 firm who was doing a
lot of work with machine learning.
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They've been doing that for a while,
and client asked specifically for a
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task to be done that way and the other.
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Uh, am law firm that was being
evaluated did not have that skillset.
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So guess who got the business and who
didn't and who was calling in to learn
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how to do machine learning the next day.
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Um, that's the sort of example
that I see when I think about ROI.
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Um, when you think about you going down
a little bit further, maybe into mid
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law, I think there are, there, there
are some important factors to consider.
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Uh, recognizing that you're
technology users, law firms should
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be technology users as opposed to
technology creators in general.
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And so from that standpoint, if you have
your IT department wanting to go off
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and build things that are not necessary,
that's not particularly effective.
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I think being, uh, prepared to be a fast
follower, it is something that is, is an
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important part of the DNA of a law firm.
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If you're gonna be responsive, especially
if you're not one of the largest.
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Yeah, well you're speaking
my language there.
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I talk build versus buy all the time.
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In the context of what we do at
info dash, which we, we are a legal
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intranet and internet provider
on the legal intranet side.
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We have no competition, um, other than.
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Firms wanting to do custom dev.
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Mm-hmm.
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And I can tell you that nine out of 10
times roughly, this is anecdotal, but
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I've seen a lot of it in my almost 20
years of helping firms go down this path.
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It usually ends badly.
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And where things go sideways is they're
able to estimate the initial effort to.
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Um, get things up and running
a minimum viable product.
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Usually not great at that, but like
within a, a reasonable margin, 20, 30%.
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Sometimes it goes four x I've seen
that too, but, um, where, where,
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but where I think they struggle
in evaluating the TCO of doing a
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custom project is in the support.
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The maintenance, the training, the
change management, the enhancements.
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And if I can get in front of a firm
before they make, before they get pot
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committed, I'm usually successful in
showing why that doesn't make sense.
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Um, but.
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Amazingly, and it sounds like
you've seen some of that too.
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Firms still march down that
path all the time, and a lot
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of times end up in a ditch.
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Right?
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I think, I mean, if you're an IT person,
you, you want to do things that are
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interesting that, uh, advance your
resume and advance your experience.
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So there is a desire to want to
do things yourself, especially
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when you look at it and say.
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I could do that even though, you know,
just like with info dash, if you have
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54 big wall clients, um, you know,
you've done that 54 times for that
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segment of the market and you know the
support issues, you know, the pitfalls.
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Whereas that firm doing it on
their own is doing something that's
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bespoke to them, not something
that's in their core competency.
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And while they may be able to do it,
it's probably a bit of a distraction,
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even if they are successful.
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Yeah.
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You know, I always go back to
what is the highest and best use
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of your technology team's time.
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Mm-hmm.
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I would argue that rebuilding off
the shelf tools is near the bottom
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of that list, and what's at the top
of that list are things that you can
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do to differentiate, to do something
different than your competition.
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But rebuilding off the shelf
tools, it's never cheaper ever.
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I mean, if you're gonna
build a like for like.
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It's just the economics
aren't there, right?
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It doesn't, it doesn't make sense.
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So unless you're trying to do something
totally unique, which in the in internet
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next rent world, like there's not,
the universe is small, it's solved.
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We've solved these problems.
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Um, but yeah, I still see, I still see
firms go down that path and you know,
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I always try and flag, Hey, is this
the highest and best use of your time?
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Your, your tech team's time?
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And like what happens
when people leave because.
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It's not just law firms
that struggle with this.
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I mean, even us as a technology
company, keeping things fully
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documented, you know, to current state
is documentation is always lagging.
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Right.
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It's a, it's a juggling act with resources
as to how much you allocate towards
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what, but law firms really struggle.
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And then somebody key leaves and, you
know, the, the firm gets left holding
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the bag or something breaks and, um,
well, and documentation's overhead.
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Documentation is overhead.
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It's something that isn't
necessarily valued in, you
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know, by clients of a law firm.
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Anything that is, you know, not
billable or not directly tied to
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billable work, that that becomes
something that gets traded off.
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If push comes shove, hundred
percent, and you know.
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Something else you and I talked
about is the partnership model and
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the cash ba in the cash basis, which
most not all AmLaw firms operate.
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There are some very big firms at
the top of the AmLaw that, uh, are
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on an accrual basis, which shocked
me honestly, because that's a.
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Interesting proposition when, you
know, there are, there are pretty
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massive tax implications to pay
taxes on work that has been delivered
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and invoiced but hasn't been.
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Mm-hmm.
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The cash hasn't been collected.
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Right.
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Um, it evens out over the years.
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Right.
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Um, things that are, um, cash that hasn't
been collected at the end of one year.
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Happen the following year, and overall
it evens out, but cash basis accounting
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and, and the law firm partnership
model is really optimized for profit
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taking and it makes the whole concept
of r and d and allocating capital to
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that, to those efforts a struggle.
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Do, do you agree?
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Yes.
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I, I think that, that the
partnership model is, is basically
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designed to pass through.
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Uh, the profits to the partners every
year, and then they pay the taxes on it.
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So that's part of the, you know, the
interesting challenge, I think with some
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of these new AI native law firms that
are starting up, thinking about how to
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capitalize differently instead of being
a partnership, but more so corporation
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and having a value on the shares of.
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Stock, if you will, in the, uh, in
the law firm is an interesting way
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because you can, you can then ask,
the firm grows value those shares,
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and if somebody ends up exiting,
they sell their shares and they sell
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them at whatever the valuation is or
whatever the rules of the corporation
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are, it gives them incentives to.
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Add to the shareholder value, add to the
overall value of the organization, and
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give some opportunity for profit and exit.
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Um, you know, I know one of the
biggest challenges of partnerships
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in law firms that's, you know, from a
practical sense is that the most senior
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people in the firm have the strongest
say and, uh, the biggest, uh, the
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biggest ownership in the partnership.
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And they.
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Are okay with things changing the
day after they leave, you know,
216
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and retire so that you know.
217
00:12:43,565 --> 00:12:46,115
But until then, they don't
necessarily want to go through that.
218
00:12:46,115 --> 00:12:48,425
They'd rather just continue
to get their profits the way
219
00:12:48,425 --> 00:12:49,655
they have all, all the time.
220
00:12:50,564 --> 00:12:50,985
Yeah.
221
00:12:51,015 --> 00:12:57,015
If, if, if a capital project, if the
break even on a capital project extends
222
00:12:57,015 --> 00:13:01,365
beyond a stakeholder's retirement
horizon, why would they vote for it?
223
00:13:01,420 --> 00:13:01,770
Right?
224
00:13:01,775 --> 00:13:01,875
Right.
225
00:13:01,935 --> 00:13:03,735
It's, it's only gonna cost them money.
226
00:13:04,155 --> 00:13:11,985
So that is a big challenge
that I, I don't know how firms.
227
00:13:12,390 --> 00:13:17,939
Really dig themselves out of that
dynamic because, you know, and another
228
00:13:17,939 --> 00:13:21,750
dynamic related to leadership at
law firms is a lot of leaders got
229
00:13:21,750 --> 00:13:23,339
there by being the best at lawyering.
230
00:13:24,510 --> 00:13:24,810
Right.
231
00:13:24,810 --> 00:13:27,510
Or the best at relationships
and selling, right?
232
00:13:27,900 --> 00:13:28,230
Yeah.
233
00:13:28,230 --> 00:13:33,089
Which I would in include in the, the
broader bucket of lawyering, right?
234
00:13:33,089 --> 00:13:33,180
Yes.
235
00:13:33,180 --> 00:13:36,360
Not just delivering the legal work, but
yeah, you gotta go sell it and keep the
236
00:13:36,360 --> 00:13:39,060
client happy and all that sort of stuff.
237
00:13:39,089 --> 00:13:39,990
And, um.
238
00:13:40,440 --> 00:13:42,600
That doesn't always make
you the best leader.
239
00:13:42,600 --> 00:13:43,830
Right, right.
240
00:13:43,980 --> 00:13:49,320
Um, so yeah, like what do you
see as the, the future state?
241
00:13:50,190 --> 00:13:54,120
Um, is this model sustainable,
a partnership model, cash basis?
242
00:13:54,660 --> 00:13:57,270
You know, people at the top of the.
243
00:13:58,349 --> 00:14:03,420
Like seniority spectrum, calling
the shots with a retirement horizon.
244
00:14:03,420 --> 00:14:07,949
Very much insight like, I dunno, is this
a sustainable model in this next, in
245
00:14:07,949 --> 00:14:09,719
this future state we're headed towards?
246
00:14:09,930 --> 00:14:12,180
I, you know, I've been thinking
about things, 'cause I've got
247
00:14:12,180 --> 00:14:13,260
an engineering background.
248
00:14:13,260 --> 00:14:17,010
I've been thinking about a lot of this
because it's so unpredictable right
249
00:14:17,010 --> 00:14:21,209
now in terms of systems analysis and
looking at the, the broader system.
250
00:14:21,209 --> 00:14:24,599
So I do believe that there are some
things that are going to change.
251
00:14:24,965 --> 00:14:27,815
You know, interpretation of
unauthorized practice of law.
252
00:14:28,115 --> 00:14:30,305
I think that's an area
that that could give.
253
00:14:30,305 --> 00:14:35,345
And if that gives, that changes a lot
in terms of what the viable structures
254
00:14:35,345 --> 00:14:37,145
are going to look like for law firms.
255
00:14:37,445 --> 00:14:40,535
I also think that managed
services organizations are going
256
00:14:40,535 --> 00:14:42,905
to be, you know, more prominent.
257
00:14:42,965 --> 00:14:46,745
And one of the areas that I think that
it needs to be teased out a little
258
00:14:46,745 --> 00:14:52,835
bit more is the line between advice,
you know, and legal information.
259
00:14:53,105 --> 00:14:53,675
I think.
260
00:14:54,030 --> 00:14:56,790
You know, the medical profession
used to go to a doctor, you
261
00:14:56,790 --> 00:14:59,370
know, or a doctor would make
house calls even back in the day.
262
00:14:59,430 --> 00:15:01,680
And there wasn't a lot of specialization.
263
00:15:01,680 --> 00:15:04,860
There wasn't a lot of,
um, discerning what.
264
00:15:05,280 --> 00:15:08,040
Really you needed medical
advice for, and I think those
265
00:15:08,040 --> 00:15:10,140
analogies play into the law too.
266
00:15:10,500 --> 00:15:14,219
Uh, you have x-ray technicians
that will make sure that your
267
00:15:14,219 --> 00:15:15,630
x-ray was taken properly.
268
00:15:15,630 --> 00:15:17,969
Then you have a different
technician that reviews the
269
00:15:17,969 --> 00:15:19,439
outcome of that and the output.
270
00:15:19,439 --> 00:15:22,829
You have physician's assistants
that can now prescribe medicine.
271
00:15:23,040 --> 00:15:24,089
There's like one.
272
00:15:24,525 --> 00:15:28,155
1 million lawyers, or one,
one in 17 healthcare workers
273
00:15:28,155 --> 00:15:29,265
is actually a doctor now.
274
00:15:29,715 --> 00:15:33,645
Um, so there's a very small
percentage of those, and they're very
275
00:15:33,645 --> 00:15:37,785
specialized doing work, you know,
on, you know, brain surgery versus,
276
00:15:38,115 --> 00:15:39,555
you know, being a pediatrician.
277
00:15:39,735 --> 00:15:43,455
So there's a broad, you know,
spectrum of specialization there.
278
00:15:43,725 --> 00:15:46,905
And I don't think that law
has done that in the same way.
279
00:15:47,445 --> 00:15:48,525
And if anything.
280
00:15:49,439 --> 00:15:54,060
The, the regulations around, you know,
a, b, a five, four and five five, and
281
00:15:54,060 --> 00:15:58,500
as they've been deployed, you know, by
state Supreme Courts that has kind of
282
00:15:58,500 --> 00:16:03,510
created these, these barriers where you
don't even get close to the edge of legal
283
00:16:03,510 --> 00:16:08,100
advice versus legal information to the
point that like individual consumers,
284
00:16:08,100 --> 00:16:09,630
how would they know what the law is?
285
00:16:09,870 --> 00:16:14,640
Um, you know, unless they had access
to the, the stack of books that
286
00:16:14,760 --> 00:16:17,015
are on the bookshelf at the law
firm and knew how to read those.
287
00:16:18,705 --> 00:16:21,225
You know, so my first
entrepreneurial venture, I
288
00:16:21,225 --> 00:16:22,875
started a collection agency, okay.
289
00:16:22,875 --> 00:16:25,965
Before I was old enough to drink 1993.
290
00:16:26,565 --> 00:16:31,545
And, uh, how it started was my mom
owned, uh, a restaurant in downtown
291
00:16:31,545 --> 00:16:33,015
Raleigh, and during the day.
292
00:16:34,090 --> 00:16:37,900
She was from Philadelphia, so we
had a hogie shop and I was delivery,
293
00:16:37,900 --> 00:16:41,650
boy, I used to deliver all to the
state employees during the day.
294
00:16:41,650 --> 00:16:46,270
And then at night there's probably like
six, seven colleges in Raleigh, uh, NC
295
00:16:46,270 --> 00:16:48,760
State, Meredith College, Shaw University.
296
00:16:49,210 --> 00:16:52,420
Anyway, both of those sets of people.
297
00:16:53,040 --> 00:16:56,070
Kind of live paycheck to paycheck,
and they bounce a lot of checks.
298
00:16:56,070 --> 00:16:56,160
Mm-hmm.
299
00:16:56,665 --> 00:17:01,470
So I was a junior at UNC Chapel Hill
right down the road, and my mom kind
300
00:17:01,470 --> 00:17:06,300
of put me in charge of collecting these
checks and I, I was making money, uh,
301
00:17:06,329 --> 00:17:08,190
doing it, you know, part-time job.
302
00:17:08,190 --> 00:17:10,200
I was making like six, 800 bucks a week.
303
00:17:10,620 --> 00:17:14,610
So I quit school for a year, started
this business, and then went back
304
00:17:14,610 --> 00:17:15,810
and finished my degree at night.
305
00:17:16,470 --> 00:17:19,470
But, um, I went and learned
all the statutes myself.
306
00:17:19,470 --> 00:17:20,490
I still remember 'em.
307
00:17:20,550 --> 00:17:21,900
Um, uh.
308
00:17:22,349 --> 00:17:27,900
5 21 0.6. So it's a criminal offense in
North Carolina to, uh, bounce a check.
309
00:17:27,900 --> 00:17:34,290
And then there's a civil statute, um, 6
21 0.3 that allows for trouble damages.
310
00:17:34,800 --> 00:17:38,940
If you sue somebody in civil court,
you can get trouble your damages.
311
00:17:39,270 --> 00:17:39,510
Wow.
312
00:17:39,570 --> 00:17:41,670
The amount, three times
the amount of the check.
313
00:17:42,390 --> 00:17:46,560
And, you know, I just kind of figured
it out again, had no legal background
314
00:17:46,560 --> 00:17:48,030
and made a successful business.
315
00:17:49,215 --> 00:17:56,415
But yeah, you know, small business
people and consumers who aren't as, um,
316
00:17:56,805 --> 00:18:05,265
savvy or determined, it's a struggle to
really get, learn, navigate the system.
317
00:18:06,735 --> 00:18:10,605
I think one practical example of that
is, I think the first time I really
318
00:18:10,605 --> 00:18:14,445
was involved in creating a playbook
for, uh, the company I was working
319
00:18:14,445 --> 00:18:17,235
for on how to negotiate contracts.
320
00:18:17,235 --> 00:18:18,675
And so we, we came up with what.
321
00:18:20,715 --> 00:18:25,245
Template for our contracts because
we're getting negotiation pushback in a
322
00:18:25,245 --> 00:18:28,125
number of different areas and how things
were one sided shouldn't have been.
323
00:18:28,485 --> 00:18:30,975
And we came up with what's our,
what's our fallback and what's our
324
00:18:30,975 --> 00:18:32,595
fallback from there and everything.
325
00:18:32,895 --> 00:18:37,455
And it was a lot of legal input
and legal advice at the upfront.
326
00:18:37,725 --> 00:18:39,585
But once you had that document.
327
00:18:40,320 --> 00:18:43,590
You know, a salesperson could go
through and navigate through a fair
328
00:18:43,590 --> 00:18:48,120
amount of the negotiation before
you needed business advice first.
329
00:18:48,330 --> 00:18:52,350
And then there were a few exceptions
where you needed legal advice and
330
00:18:52,350 --> 00:18:55,470
you needed to bring the lawyer back
in to, to work through something.
331
00:18:55,470 --> 00:18:59,160
But you know, we even got down to
the path of like, okay, when dealing
332
00:18:59,160 --> 00:19:02,640
with limitations of liability, well
we'll give on gross negligence.
333
00:19:03,000 --> 00:19:07,440
Pass number three, because most states
in New York, which was what we were
334
00:19:07,440 --> 00:19:11,760
contracting in, you can't, you know,
you, you have unlimited damages and
335
00:19:11,760 --> 00:19:13,830
unlimited liability for gross negligence.
336
00:19:13,830 --> 00:19:16,620
So it really wasn't a give,
but it was optically a give.
337
00:19:16,740 --> 00:19:21,540
And that was part of the, the business
strategy that we used based upon that.
338
00:19:21,780 --> 00:19:22,860
And that's a good example.
339
00:19:22,860 --> 00:19:25,890
I think you can have a lawyer
involved every step of the way, every
340
00:19:25,890 --> 00:19:27,840
negotiation, which isn't efficient.
341
00:19:28,110 --> 00:19:31,050
Or you can design a process legal.
342
00:19:32,385 --> 00:19:35,955
Let's the business run and then
manage the exceptions where you
343
00:19:35,955 --> 00:19:39,855
need the lawyer and the legal advice
on the backend when those occur.
344
00:19:40,875 --> 00:19:41,055
Yeah.
345
00:19:41,055 --> 00:19:41,685
Interesting.
346
00:19:41,685 --> 00:19:48,645
You, you brought up, um, a BA model rule
five four, which is the, the addresses,
347
00:19:48,645 --> 00:19:55,815
the non-legal ownership that creates
a barrier for external capital to
348
00:19:55,875 --> 00:19:58,305
participate in any sort of fee sharing.
349
00:19:58,365 --> 00:20:00,945
And as a result of that.
350
00:20:01,875 --> 00:20:09,524
There are workarounds in place, which
are MSOs as an example, and I've
351
00:20:09,524 --> 00:20:13,574
actually seen some of the proposals.
352
00:20:14,175 --> 00:20:17,024
Uh, there's a, they, they fall
on a pretty wide spectrum.
353
00:20:17,595 --> 00:20:22,695
Um, I've seen where there is a
legitimate MSO being stood up.
354
00:20:23,100 --> 00:20:27,060
Where they take care of many of the
back office functions and deliver
355
00:20:27,060 --> 00:20:28,860
some economies of scale around that.
356
00:20:29,280 --> 00:20:31,620
And then they're, they're,
that's one end of the spectrum.
357
00:20:31,620 --> 00:20:35,760
The other end of the spectrum, it's
just a way for to, to get money
358
00:20:35,760 --> 00:20:37,440
out of the firm for the partners.
359
00:20:37,440 --> 00:20:37,530
Right.
360
00:20:37,980 --> 00:20:42,990
And uh, I got, a friend of mine
owns a 50 attorney law firm and he
361
00:20:42,990 --> 00:20:46,020
shared this with me and I looked
at it, I was like, wow, there's
362
00:20:46,080 --> 00:20:49,050
real, this is purely just a way to.
363
00:20:49,710 --> 00:20:53,460
Um, inject capital and get
some participation externally.
364
00:20:53,670 --> 00:20:56,610
I mean, is this a, this
seems like a bandaid.
365
00:20:57,300 --> 00:21:00,900
Is this a long-term approach
we're gonna see here?
366
00:21:01,380 --> 00:21:04,530
I don't have a real crystal ball
on this one, but I, I think that,
367
00:21:04,530 --> 00:21:05,765
you know, start with observation.
368
00:21:07,290 --> 00:21:12,240
Intuit and TurboTax is something that
people tend to be familiar with as, as
369
00:21:12,240 --> 00:21:15,600
a, uh, a way to prepare your own taxes.
370
00:21:15,840 --> 00:21:20,880
And if you go to A-A-C-P-A to have your
taxes done, you're probably using either
371
00:21:20,880 --> 00:21:25,830
a Thomson Reuters, a Walters Klu, or
an Intuit professional grade version of
372
00:21:25,830 --> 00:21:27,180
a product that's similar to TurboTax.
373
00:21:27,930 --> 00:21:31,170
Um, they're just using it
behind the scenes and so.
374
00:21:31,710 --> 00:21:37,590
The point that I wanna make here is, is
that those technologies are interpreting.
375
00:21:38,324 --> 00:21:42,915
Tax law, um, law, tying it in with
facts, and then creating a tax return
376
00:21:42,945 --> 00:21:45,824
for compliance because everybody
has to comply and pay their taxes.
377
00:21:46,155 --> 00:21:48,465
Um, it's, it's a narrow area.
378
00:21:48,764 --> 00:21:51,195
It's very limited in its regulation.
379
00:21:51,195 --> 00:21:53,715
The IRS requires, um, that.
380
00:21:54,010 --> 00:21:58,810
Any tax software product actually create
the, the proper e-file format so it
381
00:21:58,810 --> 00:22:04,060
doesn't get a file, doesn't get rejected,
but there's not a lot of regulation on,
382
00:22:04,420 --> 00:22:06,340
you know, tax software companies at all.
383
00:22:06,760 --> 00:22:08,740
And that's something that.
384
00:22:09,870 --> 00:22:14,670
Other industries can do, whether it's
manufacturing or you know, medical
385
00:22:14,670 --> 00:22:20,940
profession or or tax, where you can
have a third party organization invest
386
00:22:20,940 --> 00:22:25,800
in a vendor solution that can be
benefited by all players in the market.
387
00:22:26,460 --> 00:22:28,440
And legally you can't do that.
388
00:22:29,399 --> 00:22:32,790
It's there's, this is why you're getting
these areas of bending and working around
389
00:22:32,790 --> 00:22:37,290
right now because ownership capital.
390
00:22:38,719 --> 00:22:41,750
Contribute, all the
investors in it are lawyers.
391
00:22:41,959 --> 00:22:43,550
I guess that could theoretically work.
392
00:22:43,820 --> 00:22:49,399
You know, a, a law firm or a corporation
that wants to be a vendor can't do it
393
00:22:49,399 --> 00:22:53,090
because they would have to be a law firm
and governed by legal rules because they
394
00:22:53,090 --> 00:22:56,360
might be advising, you know, on the law.
395
00:22:56,719 --> 00:22:58,520
And I think that's the, the big issue.
396
00:22:58,520 --> 00:23:01,340
So right now I feel like these are
workarounds, but I also think that
397
00:23:01,820 --> 00:23:05,360
there's a fair amount of pressure
right now building to, you know.
398
00:23:05,790 --> 00:23:08,645
Uh, adjust the UPL enforcement.
399
00:23:09,824 --> 00:23:14,264
It may be more non-enforcement than it
is actual enforcement because so much
400
00:23:14,564 --> 00:23:16,875
is going on, especially with open ai.
401
00:23:16,995 --> 00:23:20,715
I think they just, you know, created
open AI medical, and I don't you,
402
00:23:21,044 --> 00:23:25,665
you can use chat GBT to plead a case
in court right now and their, you
403
00:23:25,665 --> 00:23:29,290
know, stories on NBC news and other
things where, you know, individuals
404
00:23:29,564 --> 00:23:34,094
have done that and, and have won, uh,
cases where they're being evicted from
405
00:23:34,094 --> 00:23:35,895
their home and other things like that.
406
00:23:36,275 --> 00:23:38,315
That's a very common thing right now.
407
00:23:38,315 --> 00:23:44,855
And I think when you get that
practical usage of technology, it
408
00:23:44,885 --> 00:23:49,475
becomes more of a political issue
than a a legal enforcement issue.
409
00:23:49,805 --> 00:23:53,495
And I do think there are legitimate
questions of can technology, especially
410
00:23:53,495 --> 00:23:56,435
predictive LLM type technologies.
411
00:23:59,975 --> 00:24:00,335
Yeah.
412
00:24:05,145 --> 00:24:09,165
Like the, there's been a complete
lack of enforcement with respect
413
00:24:09,165 --> 00:24:10,995
to generative AI and mm-hmm.
414
00:24:11,235 --> 00:24:12,645
What it's delivering.
415
00:24:13,275 --> 00:24:20,475
And, um, it would be a PR nightmare
for the bar to go try to enforce.
416
00:24:21,015 --> 00:24:24,105
And, uh, I've had this debate with
somebody on a LinkedIn thread.
417
00:24:24,195 --> 00:24:24,675
Um.
418
00:24:25,635 --> 00:24:27,885
They, they have done this in the past.
419
00:24:27,885 --> 00:24:29,115
They have gone after.
420
00:24:29,505 --> 00:24:33,795
But I think what's different about this
time is the ubiquity of the technology.
421
00:24:33,795 --> 00:24:33,885
Mm-hmm.
422
00:24:34,155 --> 00:24:35,565
It's not an isolated case.
423
00:24:35,925 --> 00:24:38,805
It would be very unpopular.
424
00:24:39,389 --> 00:24:47,189
For if a group of well-to-do, you know,
or, or, or a industry group representing
425
00:24:47,189 --> 00:24:52,050
a bunch of, well-to-do lawyers, decided
to go attack chat, GPT, you know,
426
00:24:52,050 --> 00:24:57,090
open AI and anthropic and these model
providers because of, and, and further
427
00:24:57,090 --> 00:25:00,570
limit access, I think there would be
pitchforks and torches if that happened.
428
00:25:00,810 --> 00:25:01,080
Right.
429
00:25:01,274 --> 00:25:03,659
And I, and I think that's part
of it too, when you get into
430
00:25:03,659 --> 00:25:05,189
the political aspect of it.
431
00:25:05,940 --> 00:25:10,620
You're, if you go after an individual,
the individual is gonna be enjoined to
432
00:25:10,620 --> 00:25:14,790
open AI or philanthropic or whatever
The large language model provider was,
433
00:25:14,790 --> 00:25:19,620
was using this, and so now there's
big money That's also then attached to
434
00:25:19,980 --> 00:25:24,870
this in what I would call industrial
revolution, is AI industrial revolution
435
00:25:24,870 --> 00:25:26,685
that's occurring right now for which.
436
00:25:27,379 --> 00:25:31,010
You know, the Biden administration and
the current administration have, you
437
00:25:31,010 --> 00:25:35,600
know, adjusted policies, recognizing
that it's strategically important for us
438
00:25:35,600 --> 00:25:41,270
to control computing power and to have
the energy and the water and everything
439
00:25:41,270 --> 00:25:46,280
else to be able to scale up massively
large data centers to win the ai.
440
00:25:47,129 --> 00:25:51,689
Revolution if you'll, so I think there's
a lot of things like that that are playing
441
00:25:51,780 --> 00:25:57,270
together and harmonizing where, you know,
in my, the next article that I'm, uh,
442
00:25:57,300 --> 00:26:02,610
just submitted is really about how UPL is
bending right now under the, the physical
443
00:26:02,610 --> 00:26:05,129
pressure of all these forces right now.
444
00:26:05,129 --> 00:26:06,429
And that's the thing
that's gonna have to give.
445
00:26:07,575 --> 00:26:08,175
Hundred percent.
446
00:26:08,175 --> 00:26:08,415
Yeah.
447
00:26:08,415 --> 00:26:11,025
I think especially with
this administration there,
448
00:26:11,085 --> 00:26:12,645
it would be very difficult.
449
00:26:13,035 --> 00:26:17,565
There, there's a lot of headwinds
towards enforcement around that.
450
00:26:18,225 --> 00:26:25,035
Um, so, you know, we, we, there are
a lot of what I see as, as headwinds
451
00:26:26,200 --> 00:26:28,905
for firms, especially in big law.
452
00:26:28,935 --> 00:26:29,140
You know, they.
453
00:26:30,360 --> 00:26:33,150
I've jokingly called, and I
didn't make this term up, but
454
00:26:33,180 --> 00:26:34,620
you know, big law is hotel.
455
00:26:34,770 --> 00:26:36,030
It's a hotel for lawyers.
456
00:26:36,150 --> 00:26:36,240
Yeah.
457
00:26:36,510 --> 00:26:41,220
Um, you know, the, the lateral
mobility and, you know, the ability
458
00:26:41,220 --> 00:26:45,630
for a, a lawyer to take his book
of business with him or her across
459
00:26:45,630 --> 00:26:48,330
the street is, is somewhat unique.
460
00:26:48,330 --> 00:26:52,500
Like, um, it doesn't exist in most
other industries, but because of the
461
00:26:52,500 --> 00:26:56,160
A BA rules that, um, require that.
462
00:26:56,925 --> 00:26:59,595
That lawyers act in the best
interest of their clients.
463
00:26:59,835 --> 00:27:05,205
They, the, the firm really can't lay
claim to those relationships, and they
464
00:27:05,415 --> 00:27:07,274
most often go with the lawyers, right?
465
00:27:07,274 --> 00:27:11,415
But that cre, that creates headwinds
for capital investment, right?
466
00:27:11,415 --> 00:27:16,425
So if I'm not, if I'm not invested
even as a partner, if I'm not invested
467
00:27:16,845 --> 00:27:23,835
fully in my relationship with this
law firm and there's a capital.
468
00:27:24,405 --> 00:27:29,865
Expense or investment that needs to
be made, I'm not likely to vote on it.
469
00:27:29,865 --> 00:27:31,905
I don't know if I'm gonna
be here in three years.
470
00:27:31,910 --> 00:27:32,355
Right, right.
471
00:27:32,355 --> 00:27:37,155
I mean, how do you see the, how
do you see that dynamic impacting
472
00:27:37,155 --> 00:27:40,754
firm's ability to like make big
investments in things like tech?
473
00:27:41,175 --> 00:27:41,595
Right.
474
00:27:41,835 --> 00:27:45,015
Well, being in South Florida right now,
I think about hurricanes a little bit.
475
00:27:45,015 --> 00:27:48,315
And you know, if the wind blows in
the right direction and just the
476
00:27:48,315 --> 00:27:52,005
right way, it can knock and find
the vulnerability in the structure.
477
00:27:52,005 --> 00:27:54,705
And I think that if
you think of law firms.
478
00:27:55,605 --> 00:27:56,745
As structure.
479
00:27:56,985 --> 00:28:00,705
I think there are some ways that the wind
can blow that could be pretty dangerous.
480
00:28:00,975 --> 00:28:04,514
And you know, I just was
reading, uh, somebody noted I
481
00:28:04,514 --> 00:28:05,774
was talking about somebody Dr.
482
00:28:05,835 --> 00:28:11,475
This morning and, um, you know, they
basically acquired 24 partners from, uh,
483
00:28:11,625 --> 00:28:14,325
uh, McDermott Will, uh, in the last week.
484
00:28:15,040 --> 00:28:18,760
And one of the attorneys, one of
the articles I was reading about
485
00:28:18,760 --> 00:28:23,080
it afterwards was mentioning that
Decker's a good platform for them.
486
00:28:23,439 --> 00:28:28,000
Um, which I think really kind of speaks
to the hoteling and the, the power that
487
00:28:28,000 --> 00:28:33,010
the attorneys have over the platform of
the shell that that enables them to work
488
00:28:33,010 --> 00:28:34,929
together and provides that infrastructure.
489
00:28:34,929 --> 00:28:38,679
So I think there is a
potential that law firms.
490
00:28:38,935 --> 00:28:41,935
If the wind blows in a particular
direction, you know, you could
491
00:28:41,935 --> 00:28:46,135
see more firms start to, you
know, unwind if you will.
492
00:28:46,495 --> 00:28:51,235
It's a result of, you know, changes
with AI and technology and rethinking
493
00:28:51,655 --> 00:28:55,405
structures, and who should do what work
and what work really requires advice.
494
00:28:56,475 --> 00:28:56,745
Yeah.
495
00:28:56,745 --> 00:29:01,425
You know, there was the McGlinchy uh,
wind down that was announced recently.
496
00:29:01,425 --> 00:29:01,514
Mm-hmm.
497
00:29:01,905 --> 00:29:05,564
And I'm, I don't know, is that a,
is that a canary in the coal mine?
498
00:29:05,564 --> 00:29:12,044
We didn't, they didn't, you know, no, no
reasons were that I saw were disclosed
499
00:29:12,044 --> 00:29:15,195
publicly as to the motivation for it.
500
00:29:15,199 --> 00:29:19,094
But, um, you know, by, and, and
they were outside the AM law.
501
00:29:19,155 --> 00:29:20,205
Uh, maybe, maybe.
502
00:29:21,135 --> 00:29:21,765
Attorneys.
503
00:29:21,945 --> 00:29:22,035
Mm-hmm.
504
00:29:22,545 --> 00:29:23,055
Ish.
505
00:29:23,445 --> 00:29:28,155
But you know, is that, I honestly
see that I call that mid law.
506
00:29:28,185 --> 00:29:34,545
I know many vendors it, it's smaller than
that, but for us as a segment, that's
507
00:29:34,545 --> 00:29:36,405
kind of like what we consider mid law.
508
00:29:36,885 --> 00:29:46,695
I would say that 100 to 400 attorney range
feels especially vulnerable to me because.
509
00:29:47,325 --> 00:29:51,405
I think that, um, you know, they're
not getting usually the bet the
510
00:29:51,405 --> 00:29:53,775
company, you know, matters, right?
511
00:29:53,775 --> 00:29:55,935
That's going to the mostly am law firms.
512
00:29:56,655 --> 00:30:01,545
There's a, they have fewer
resources and capabilities, right?
513
00:30:01,545 --> 00:30:04,845
They don't have the same,
you know, big KM teams.
514
00:30:04,845 --> 00:30:07,515
In fact, most don't have KM teams at all.
515
00:30:08,055 --> 00:30:12,525
Um, and they have less partner capital.
516
00:30:12,795 --> 00:30:14,625
To, to deploy.
517
00:30:14,805 --> 00:30:18,705
I don't know, but some people disagree
with me on this, but, uh, I think there's
518
00:30:18,705 --> 00:30:20,025
a lot, a lot of ways to look at it.
519
00:30:20,025 --> 00:30:23,355
But I think on, on the smaller
end of the spectrum, you know,
520
00:30:23,355 --> 00:30:25,215
it's, uh, they're speedboats.
521
00:30:25,215 --> 00:30:28,905
They have the ability to pivot quickly
and try new things and take risks.
522
00:30:29,475 --> 00:30:33,255
And then at the top of the market,
uh, yeah, they're big oil tankers,
523
00:30:33,435 --> 00:30:35,505
but they also have a lot of resources.
524
00:30:35,505 --> 00:30:37,945
So it feels like the
middle of the market might.
525
00:30:38,700 --> 00:30:42,810
Might have more challenges with
a tech in a tech transformation.
526
00:30:42,810 --> 00:30:43,830
Is that how you view it?
527
00:30:45,705 --> 00:30:50,025
I'm not sure how much the tech
piece really is the factor.
528
00:30:50,560 --> 00:30:53,205
I, I tend to think of it
from a client perspective and
529
00:30:53,205 --> 00:30:54,735
define the market that way.
530
00:30:55,065 --> 00:30:59,235
So using, using the analogy of tax
and accounting, since I haven't been
531
00:30:59,235 --> 00:31:03,975
exclusively in, in law my entire career,
I spent a decent amount of time there.
532
00:31:03,975 --> 00:31:05,805
And accounting firms, you have the.
533
00:31:13,515 --> 00:31:16,155
Of serving multinational corporations.
534
00:31:16,545 --> 00:31:19,305
Then, you know, it's been a little
while since I've looked at the
535
00:31:19,305 --> 00:31:23,805
numbers, but the next 30 or so
are really national in scope.
536
00:31:23,835 --> 00:31:28,695
They're here to serve the
needs, the US domestic needs of.
537
00:31:29,415 --> 00:31:33,135
You know, a national company or the
US domestic needs of a corporation.
538
00:31:33,495 --> 00:31:36,345
And then you get below that and
you start to get into regionals.
539
00:31:36,405 --> 00:31:40,905
And regionals have been bought up
by others that are trying to expand
540
00:31:40,905 --> 00:31:44,385
their national footprint, and it's
kind of like an hourglass model.
541
00:31:44,385 --> 00:31:47,505
When you look at the total
number of accountants you've got.
542
00:31:47,689 --> 00:31:49,460
A lot at the high end of the market.
543
00:31:49,700 --> 00:31:53,030
Then you have this narrow area, like
an hour class, and then you go down
544
00:31:53,030 --> 00:31:56,210
and you have the smaller ones that are
dealing with local, small businesses
545
00:31:56,210 --> 00:31:59,870
that really are never gonna work
outside of, you know, uh, Columbus,
546
00:31:59,870 --> 00:32:02,540
Ohio, or Tallahassee, Florida.
547
00:32:02,540 --> 00:32:04,879
It's just, that's, that's
kind of where they're at.
548
00:32:05,149 --> 00:32:09,679
So I look at it that way, and I
think these mid law regional firms
549
00:32:09,679 --> 00:32:14,149
like McGlinchy have, you know, as
long as things are relatively static
550
00:32:14,149 --> 00:32:16,010
in their market and who they serve.
551
00:32:16,455 --> 00:32:21,495
They're gonna be okay, but you, you
know, look at Walmart, look at, look
552
00:32:21,495 --> 00:32:26,445
at the consolidation across, you
know, international organizations,
553
00:32:26,895 --> 00:32:31,305
retail, manufacturing, you know
the number of companies that are
554
00:32:31,305 --> 00:32:32,955
that kind of regional kind of.
555
00:32:33,020 --> 00:32:34,700
Footprint, I think are shrinking.
556
00:32:34,700 --> 00:32:36,650
I think that's the real issue.
557
00:32:36,650 --> 00:32:40,160
And when that happens, then you have
to take your speedboat and decide how
558
00:32:40,160 --> 00:32:44,540
do you leverage the strengths of your
speedboat and find out can you be more
559
00:32:44,540 --> 00:32:48,650
effective at transactional work and
pivot and give more, you know, uh,
560
00:32:48,680 --> 00:32:52,639
focused customer service to those,
or do you know the court system.
561
00:32:52,935 --> 00:32:57,915
Exceptionally well so that any big law
firm that's gonna go to San Antonio and
562
00:32:57,915 --> 00:33:02,385
has to, you know, plead a case, is gonna
come to you to help because you're the
563
00:33:02,385 --> 00:33:04,544
ones that know the courts in San Antonio.
564
00:33:04,935 --> 00:33:09,375
Um, those are the sorts of things that
I think, you know, strategically mid law
565
00:33:09,375 --> 00:33:10,965
firms are gonna need to think through.
566
00:33:11,235 --> 00:33:13,784
They're probably gonna wanna be
fast followers on technology.
567
00:33:13,784 --> 00:33:16,605
I would let big law do the learning.
568
00:33:17,595 --> 00:33:21,765
Organized in teacher IT department,
in the rescue firm to be
569
00:33:21,765 --> 00:33:23,805
understanding what works and why.
570
00:33:24,105 --> 00:33:28,995
Is it, you know, is it the optics and
politics of saying, Hey, look, look, we've
571
00:33:28,995 --> 00:33:33,885
got Lara or rv, or you know, look what
we did with, with, um, uh, co-counsel.
572
00:33:34,815 --> 00:33:39,945
Or is it something where there's like
legitimate value and, and be prepared
573
00:33:39,945 --> 00:33:42,045
to deploy successful solutions quickly?
574
00:33:43,515 --> 00:33:43,695
Yeah.
575
00:33:43,695 --> 00:33:46,665
If you're in the speedboat, stay
away from the coast of Venezuela.
576
00:33:49,005 --> 00:33:50,175
Things could end badly.
577
00:33:50,625 --> 00:33:51,615
Um, yeah.
578
00:33:51,615 --> 00:33:54,645
You know, it's, and, and the, the
account, that's a really good, I, I
579
00:33:54,645 --> 00:33:58,245
think that, you know, the consulting
slash accounting world is the
580
00:33:58,245 --> 00:34:00,255
closest adjacent industry to legal.
581
00:34:00,255 --> 00:34:00,375
Mm-hmm.
582
00:34:00,795 --> 00:34:02,415
And vastly different.
583
00:34:03,030 --> 00:34:04,110
Dynamics there.
584
00:34:04,200 --> 00:34:10,170
Uh, in terms of, you know, the big four
combined revenue is about 240 billion.
585
00:34:10,710 --> 00:34:15,449
Um, if you add up all of the revenue,
the AMLO 100, it's about 160 billion.
586
00:34:15,449 --> 00:34:15,540
Mm-hmm.
587
00:34:15,870 --> 00:34:17,880
That's basically Deloitte and ey.
588
00:34:18,779 --> 00:34:19,049
Right.
589
00:34:19,049 --> 00:34:23,489
Two firms equal the revenue of a
hundred law of the top 100 law firms.
590
00:34:23,819 --> 00:34:24,060
Right.
591
00:34:24,060 --> 00:34:27,120
And um, if you look at, you
know, there's the big four and
592
00:34:27,120 --> 00:34:32,040
everybody else, I think it's Grant
Thornton is single digits, right.
593
00:34:32,100 --> 00:34:35,549
KPMG's at the bottom of
the big four at 45 billion.
594
00:34:35,939 --> 00:34:41,100
And then, um, grant Thornton, I
think is Thor ddo, rsm, glads type.
595
00:34:41,909 --> 00:34:42,149
Yeah.
596
00:34:42,149 --> 00:34:43,859
All single digit billion.
597
00:34:43,859 --> 00:34:47,879
So it's like I could
see the market moving.
598
00:34:48,435 --> 00:34:54,194
That way in terms of, you know, and
the, the, the biggest players in the
599
00:34:54,194 --> 00:34:58,035
space, and I guess, you know, the, the,
that mid tier two, the Grant Thorntons
600
00:34:58,035 --> 00:34:59,265
of the world, they do this also.
601
00:34:59,265 --> 00:35:02,865
It's, you know, it's tax
advisory and consulting.
602
00:35:03,075 --> 00:35:03,404
Yes.
603
00:35:03,495 --> 00:35:04,484
Um, right.
604
00:35:04,484 --> 00:35:09,225
It's not just a single, um, it's
not just a single focus, or, I'm
605
00:35:09,225 --> 00:35:11,625
sorry, audit, tax advisory and audit.
606
00:35:11,625 --> 00:35:11,714
Right.
607
00:35:12,075 --> 00:35:12,495
Um.
608
00:35:13,410 --> 00:35:13,620
Yeah.
609
00:35:13,620 --> 00:35:13,920
I don't know.
610
00:35:13,920 --> 00:35:17,910
Do you see, I, I feel like the, the
market is right for consolidation.
611
00:35:17,910 --> 00:35:20,339
Do you, do you feel that it is,
612
00:35:23,910 --> 00:35:27,990
I don't know how much it's gonna
consolidate in big law at this point,
613
00:35:28,500 --> 00:35:30,120
but I do think that mid law is.
614
00:35:30,600 --> 00:35:33,810
Get squeezed a little bit more and they're
gonna have to figure out how to focus.
615
00:35:33,810 --> 00:35:38,040
And if they can't focus, maybe
they become the San Antonio or
616
00:35:38,220 --> 00:35:43,830
you know, south Texas, you know,
regional arm of an AM law 200 firm.
617
00:35:44,160 --> 00:35:45,720
I think those things will happen.
618
00:35:45,720 --> 00:35:48,480
So I definitely think there'll be
consolidation from that standpoint.
619
00:35:48,870 --> 00:35:52,230
Um, I also think that, that
there's the bigger forces of
620
00:35:52,230 --> 00:35:53,670
things moving in-house too.
621
00:35:53,700 --> 00:35:57,840
So that's, you know, that's another
area where if more work goes in, and I'm
622
00:35:57,840 --> 00:35:59,790
even hearing of a, you know, handful.
623
00:36:00,009 --> 00:36:03,819
You know, larger corporations, bringing
some in-house litigators in, which I
624
00:36:03,819 --> 00:36:07,750
thought was very interesting because
to me that's very bespoke and something
625
00:36:07,750 --> 00:36:09,279
where, you know, it's a distraction.
626
00:36:09,279 --> 00:36:12,700
You're getting sued, don't, you
know, to the point of distractions,
627
00:36:12,970 --> 00:36:14,080
that's not something you wanna do.
628
00:36:14,080 --> 00:36:16,990
But if you have enough of
it, it's repeatable that you
629
00:36:16,990 --> 00:36:18,910
can handle that in-house.
630
00:36:18,910 --> 00:36:19,690
Maybe you do.
631
00:36:19,750 --> 00:36:23,799
So those are some of the, the factors
that I think are, are very intriguing.
632
00:36:23,799 --> 00:36:27,100
And there's some interesting
facet, like with.
633
00:36:28,590 --> 00:36:35,100
P, W, C and E both in in the accounting
space when work kept going inhouse
634
00:36:35,100 --> 00:36:39,540
and in-house and inhouse for tax
work, which trend for decades.
635
00:36:40,650 --> 00:36:43,320
PWC bought GEs tax departments.
636
00:36:43,770 --> 00:36:43,830
Yeah.
637
00:36:44,850 --> 00:36:49,710
And ENY bought Duke Energy's tax
department and basically said, you know,
638
00:36:49,740 --> 00:36:51,540
we'll, we'll take care of all your issues.
639
00:36:51,540 --> 00:36:54,390
We'll do it for less money and we'll do
it better than what you could do inhouse.
640
00:36:54,390 --> 00:36:57,180
And they onboarded those, those
people and they got rebadged,
641
00:36:57,180 --> 00:36:59,700
this PWC or EY employees.
642
00:37:00,060 --> 00:37:04,560
I think one of the very interesting
things, it's like a, um, a follow
643
00:37:04,560 --> 00:37:08,370
on force that may play through
here is what's stopping an AM law.
644
00:37:09,135 --> 00:37:13,905
Hundred firm from going and approaching
one of their larger clients and saying,
645
00:37:13,905 --> 00:37:17,385
look, you got 150 in-house attorneys here.
646
00:37:17,925 --> 00:37:20,115
We'll take that over for you.
647
00:37:20,625 --> 00:37:24,405
We'll guarantee that we'll
cut your expenses for 20%.
648
00:37:24,900 --> 00:37:29,040
Based on your projections for the next
five years, um, and will just be your
649
00:37:29,040 --> 00:37:30,960
outsourced legal department in total.
650
00:37:31,290 --> 00:37:35,370
Um, I think that would be a very
provocative and interesting thing to see
651
00:37:35,400 --> 00:37:39,270
play out, especially as the law firms
start to figure out how to separate the
652
00:37:39,270 --> 00:37:43,020
managed services and the information
side of things from the advice.
653
00:37:43,560 --> 00:37:46,980
Um, I think if too much work
goes in-house, I could see that
654
00:37:46,980 --> 00:37:50,310
sort of thing playing out, you
know, as a, a kind of pause.
655
00:37:50,655 --> 00:37:54,705
Um, because there's, there's political
and there's personal implications to
656
00:37:54,705 --> 00:37:56,565
those things, not just the economics.
657
00:37:57,690 --> 00:37:58,080
Yeah.
658
00:37:58,080 --> 00:38:02,130
You know, um, and another, I
think maybe for opposing force to
659
00:38:02,130 --> 00:38:07,560
consolidation is law firms don't scale
very well, which is why, you know,
660
00:38:07,650 --> 00:38:09,900
we have k and e at the top at mm-hmm.
661
00:38:10,140 --> 00:38:11,340
Eight and a half billion.
662
00:38:11,490 --> 00:38:14,850
And that wouldn't even qualify you to be
in the Fortune 500 if you were public.
663
00:38:14,850 --> 00:38:14,940
Right.
664
00:38:15,660 --> 00:38:18,540
They don't scale very well
because of the bespoke nature
665
00:38:18,990 --> 00:38:20,970
and the lack of consistency.
666
00:38:21,630 --> 00:38:22,650
Um, and the.
667
00:38:23,205 --> 00:38:30,195
Um, increased lateral mobility of
partners and it's just a hard business
668
00:38:30,615 --> 00:38:34,365
to scale when everything is bespoke.
669
00:38:34,365 --> 00:38:39,945
But what we're, there is a large
tranche of legal work that is
670
00:38:40,635 --> 00:38:47,295
going to move to a FA and once that
happens, so it's about 20% right now.
671
00:38:47,775 --> 00:38:51,525
Um, I could see that getting
into the mid forties.
672
00:38:52,334 --> 00:38:53,354
Uh, over time.
673
00:38:53,685 --> 00:38:53,834
Right?
674
00:38:53,834 --> 00:38:58,604
And once that happens, then
efficiency is really gonna be a focus.
675
00:38:58,935 --> 00:39:02,444
And when that happens, these law firms
are gonna have to operate differently, and
676
00:39:02,444 --> 00:39:05,595
then economies of scale may materialize.
677
00:39:05,595 --> 00:39:05,654
Yeah.
678
00:39:05,774 --> 00:39:06,435
Would you agree?
679
00:39:07,064 --> 00:39:07,245
Yeah.
680
00:39:07,245 --> 00:39:11,745
I think that's the real critical question,
is these managed services organizations,
681
00:39:11,745 --> 00:39:13,439
how labor intensive are they?
682
00:39:14,180 --> 00:39:15,600
If if they are.
683
00:39:16,365 --> 00:39:22,065
Minimally labor intensive and you can get,
you know, a, a task to be 90% automated
684
00:39:22,185 --> 00:39:25,125
with technology and 10% with, with staff.
685
00:39:25,455 --> 00:39:27,435
I think you can get economies of scale.
686
00:39:27,495 --> 00:39:32,685
It gets 50 50 or, or there's a limit
in terms of how much you can do with
687
00:39:32,685 --> 00:39:37,694
technology and then to get the next,
you know, the next, uh, client or
688
00:39:37,694 --> 00:39:40,845
to do the next, uh, batch of work.
689
00:39:41,085 --> 00:39:41,355
It's.
690
00:39:42,060 --> 00:39:46,379
It's gonna another person, whether
you're a 50 person managed services
691
00:39:46,379 --> 00:39:51,540
firm, or a 50,000 person managed services
firm, then it becomes something where
692
00:39:51,540 --> 00:39:56,069
the barriers to entry are low and
you could have others play through.
693
00:39:56,160 --> 00:40:00,839
But I do feel that, you know,
just like the PWCs are so
694
00:40:00,990 --> 00:40:02,460
large that you know the big.
695
00:40:02,880 --> 00:40:07,230
Big four or big, um, you know,
could you see a roll up of managed
696
00:40:07,230 --> 00:40:11,910
services organizations where you end
up with, uh, you know, uh, some of
697
00:40:11,910 --> 00:40:16,050
those consolidating in such a way
that they do actually leverage scale
698
00:40:16,320 --> 00:40:20,010
even if scaling isn't perfect and
there is a, a labor component to it.
699
00:40:21,404 --> 00:40:21,855
Yeah.
700
00:40:21,855 --> 00:40:26,384
I, man, I, I really feel like the
liberalization movement is going
701
00:40:26,384 --> 00:40:28,544
to get traction here in the us.
702
00:40:28,575 --> 00:40:28,634
Yeah.
703
00:40:29,055 --> 00:40:32,924
You know, we've, we've seen some
capitulation like in Utah with their
704
00:40:32,924 --> 00:40:36,134
sandbox, Arizona is still going strong.
705
00:40:36,734 --> 00:40:41,984
Um, I feel like that is an
inevitability and there's still
706
00:40:41,984 --> 00:40:44,085
a lot of resistance to it today.
707
00:40:44,565 --> 00:40:48,194
I actually think that will
shift as well, because.
708
00:40:49,335 --> 00:40:55,005
As, as firms have to invest more in
tech, both in people, in, you know, the
709
00:40:55,005 --> 00:40:59,265
technology and infrastructure itself,
they're going to need to be able to pull.
710
00:41:00,314 --> 00:41:04,634
Talent from the Silicon Valley, you know,
the Amazons and the Metas of the world.
711
00:41:04,904 --> 00:41:10,064
How do you do that in a, in a, in a world
where stock options are, are customary?
712
00:41:10,125 --> 00:41:10,245
Yeah.
713
00:41:10,245 --> 00:41:15,015
And you can't, you can't, you
can't give stock options, um,
714
00:41:15,044 --> 00:41:16,710
to a non-lawyer in a law firm.
715
00:41:17,479 --> 00:41:20,479
So there has to, I mean, there's ways
to, you know, phantom equity and the,
716
00:41:21,049 --> 00:41:22,250
you know, things that you can do.
717
00:41:22,250 --> 00:41:26,870
But, um, I think that's a key limitation
to the, the partnership model and,
718
00:41:26,870 --> 00:41:28,729
and why things will be liberalized.
719
00:41:28,939 --> 00:41:33,229
And then the investment mechanism,
the, the MSO is, it's, it's kind
720
00:41:33,229 --> 00:41:38,120
of messy in how they, um, the
governance model that they use to
721
00:41:38,120 --> 00:41:39,504
protect their investment and what.
722
00:41:40,125 --> 00:41:44,325
Goes way in the practice side
versus the, so I don't know.
723
00:41:44,360 --> 00:41:47,895
I I, it, it feels like, what's
your take on, I mean, 'cause
724
00:41:47,895 --> 00:41:48,975
this has already happened.
725
00:41:49,245 --> 00:41:54,315
Yeah, it happened almost 20 years ago
in the UK with the Legal Services Act
726
00:41:54,675 --> 00:41:57,195
and I don't know when it happened in
Australia, but it's happened there.
727
00:41:57,195 --> 00:42:01,305
And no, there's been no massive breach of.
728
00:42:01,980 --> 00:42:02,970
Responsibility.
729
00:42:02,970 --> 00:42:05,040
There's been some bumps in the
roads, but there's been bumps
730
00:42:05,040 --> 00:42:06,960
in the roads here too, right?
731
00:42:07,230 --> 00:42:11,460
I think with ai, some of the question
is gonna be what, what is the goal of
732
00:42:11,460 --> 00:42:13,950
regulation and why did it exist before?
733
00:42:14,280 --> 00:42:18,030
Uh, which might be uncomfortable in
some situations for, you know, the,
734
00:42:18,030 --> 00:42:21,120
the legal industry to look and say,
why did we require independence?
735
00:42:21,120 --> 00:42:22,680
Why did we do all these things?
736
00:42:23,275 --> 00:42:25,705
And I think.
737
00:42:27,120 --> 00:42:30,960
I keep coming back to the
DNA of innovation in America.
738
00:42:31,290 --> 00:42:36,300
You know, we have been an act first,
regulate second, you know, type of,
739
00:42:36,420 --> 00:42:39,120
um, country and mentality for forever.
740
00:42:39,510 --> 00:42:43,230
Um, whether that was, you know,
Rockefeller getting blocked
741
00:42:43,230 --> 00:42:43,975
from being able to ship.
742
00:42:44,550 --> 00:42:49,500
Kerosene and oil, you know, to his
refineries or to the destinations.
743
00:42:49,500 --> 00:42:53,310
And he just started building
pipelines, you know, uh, no, no
744
00:42:53,310 --> 00:42:54,750
consideration of anything else.
745
00:42:54,750 --> 00:42:56,310
And then regulation comes later.
746
00:42:56,550 --> 00:43:00,420
Or if it's, you know, more recently
with Uber, you know, Uber didn't
747
00:43:00,420 --> 00:43:03,780
stop and wait and raise their hand
and say, Hey, can we have permission
748
00:43:03,780 --> 00:43:05,395
to, you know, like pick up people.
749
00:43:06,355 --> 00:43:09,145
In New York City, it, it kind
of competes with the taxi
750
00:43:09,145 --> 00:43:10,405
medallion system or whatever.
751
00:43:10,405 --> 00:43:11,665
No, they just went and did it.
752
00:43:12,115 --> 00:43:15,895
And, you know, when there was a
groundswell of popular, you know,
753
00:43:15,895 --> 00:43:20,665
adoption and approval of the service,
you know, the regulators had to
754
00:43:20,665 --> 00:43:22,645
respond and they were being reactive.
755
00:43:22,705 --> 00:43:24,475
And I think that's gonna
be the way it's gonna be.
756
00:43:24,475 --> 00:43:27,370
Even with, with these
sorts of changes with DPL.
757
00:43:27,930 --> 00:43:30,120
And, you know, more, more broadly.
758
00:43:30,120 --> 00:43:32,820
So I think that's the, the
big factor to me that's gonna
759
00:43:33,270 --> 00:43:35,070
cause this to be teased out.
760
00:43:35,070 --> 00:43:38,580
And then, you know, law firms are
gonna have that, you know, that,
761
00:43:39,720 --> 00:43:43,320
that challenge of managed services
or corporations doing things.
762
00:43:43,320 --> 00:43:47,670
And there's gonna have to be a little
bit more thought on what is legal
763
00:43:47,670 --> 00:43:50,100
advice, what is the appropriate way to.
764
00:43:51,570 --> 00:43:55,530
To manage and organize, to be able
to take advantage of capital, to
765
00:43:55,530 --> 00:43:59,760
be able to separate things out that
are going to be easily substituted
766
00:43:59,760 --> 00:44:04,080
with technology and where is the
legal advice that really needs to be
767
00:44:04,080 --> 00:44:06,690
protected and is distinctly human.
768
00:44:07,920 --> 00:44:08,340
Yeah.
769
00:44:08,550 --> 00:44:09,900
You know what's interesting is.
770
00:44:10,935 --> 00:44:17,835
Europe is largely in the uk, are largely
regulation first and they've, they
771
00:44:17,835 --> 00:44:19,875
liberalized, uh, the legal market.
772
00:44:19,875 --> 00:44:19,935
Yeah.
773
00:44:20,115 --> 00:44:21,315
Almost 20 years ago.
774
00:44:21,645 --> 00:44:21,915
Right?
775
00:44:22,755 --> 00:44:27,105
So why are we still holding
on to this antiquated model?
776
00:44:27,945 --> 00:44:30,675
Um, yeah, it's a head scratcher.
777
00:44:31,200 --> 00:44:34,350
I mean, I have to be careful 'cause I'm
looking at this more from the systems
778
00:44:34,350 --> 00:44:35,820
perspective because I'm not a lawyer.
779
00:44:35,820 --> 00:44:35,910
Mm-hmm.
780
00:44:36,720 --> 00:44:40,320
But just trying to look at it and
understand I, you know, I look at it
781
00:44:40,320 --> 00:44:43,650
and say, there's pressures here that
are gonna push this over the edge.
782
00:44:43,650 --> 00:44:49,110
And, and it'll probably be more about
non-enforcement, except in areas
783
00:44:49,110 --> 00:44:52,590
where there are a clear, you know, if
somebody's misrepresenting themselves and
784
00:44:52,590 --> 00:44:54,420
saying, Hey, I'm an attorney, trust me.
785
00:44:54,780 --> 00:44:59,040
Um, you know, those things will
continue to be clearly out of bounds.
786
00:44:59,759 --> 00:45:02,490
But I think that we're gonna have
to figure out where's the steady
787
00:45:02,490 --> 00:45:05,910
state and let's supply and demand
and creativity and innovation.
788
00:45:06,330 --> 00:45:09,900
Figure out where the edges are and
then regulate around those new edges.
789
00:45:10,770 --> 00:45:11,220
Yeah.
790
00:45:11,250 --> 00:45:11,580
Okay.
791
00:45:11,580 --> 00:45:14,009
Well, you said something, we're
almost outta time, but I wanted
792
00:45:14,009 --> 00:45:18,330
to touch on this one last topic,
which is value-based pricing.
793
00:45:18,330 --> 00:45:19,950
And you said supply and demand and mm-hmm.
794
00:45:20,190 --> 00:45:23,130
Uh, there's a relationship there that I
think doesn't get talked about enough.
795
00:45:23,730 --> 00:45:25,200
You know, I've, I've, I've heard it.
796
00:45:25,815 --> 00:45:29,775
Time and time again that value-based
pricing is the answer to this
797
00:45:30,525 --> 00:45:35,325
AI conundrum and like that's
not the end of the conversation.
798
00:45:35,325 --> 00:45:37,065
That's the beginning of the conversation.
799
00:45:37,335 --> 00:45:37,425
Sure.
800
00:45:37,425 --> 00:45:39,570
Because actually value-based
pricing is still.
801
00:45:40,365 --> 00:45:42,645
Subject to the laws of supply and demand.
802
00:45:42,915 --> 00:45:46,694
In other words, you can't say,
well, I this, you know, I, I've
803
00:45:46,694 --> 00:45:49,334
used this example in the podcast
before, but I think it's a good one.
804
00:45:49,725 --> 00:45:54,584
I had a, uh, I had a leak in a sewer
pipe in a wall in my basement, and
805
00:45:54,944 --> 00:46:00,705
the plumbing company came out and
gave me a quote, a flat fee to fix it.
806
00:46:01,004 --> 00:46:01,814
And it was about.
807
00:46:02,205 --> 00:46:06,734
I don't know, $2,500 and they did that.
808
00:46:06,825 --> 00:46:12,314
I'm assuming based on a cost calculation
and some sort of margin that they had
809
00:46:12,314 --> 00:46:17,625
built in, at no time did they say, well,
you know, the value of this sewer pipe
810
00:46:17,625 --> 00:46:22,350
not leaking into your basement is worth
$40,000, so I'm gonna charge you 10.
811
00:46:23,295 --> 00:46:26,235
The reason that they didn't do that is
because they know I'll pick up the phone
812
00:46:26,235 --> 00:46:30,735
and call another plumber who'll come out
and give me a more reasonable approach.
813
00:46:30,735 --> 00:46:31,035
Right?
814
00:46:31,035 --> 00:46:38,565
So we can't just like, as, uh, try to
attack, get fi fixated on a percentage
815
00:46:38,565 --> 00:46:41,925
of the value delivered because
you still have, we still have the
816
00:46:41,925 --> 00:46:44,565
competitive dynamics in the marketplace.
817
00:46:44,925 --> 00:46:45,465
So, I don't know.
818
00:46:45,465 --> 00:46:49,395
What is your, what are your
thoughts on value-based pricing
819
00:46:49,425 --> 00:46:51,735
and how we go about attacking that?
820
00:46:52,795 --> 00:46:57,464
I. I would add one thing to your analogy,
which is the do it yourself angle, which
821
00:46:57,464 --> 00:47:01,154
if you had the tools and you were willing
to go out and, you know, get the right
822
00:47:01,154 --> 00:47:05,805
acetylene, blow torch and you knew how
to do things, that's another substitute.
823
00:47:06,345 --> 00:47:10,904
I think of things from, uh, Michael
Porter, who was a Harvard professor.
824
00:47:10,904 --> 00:47:15,645
Uh, and he had a, a model called Porter's
Model, which basically looked at the basic
825
00:47:15,825 --> 00:47:21,794
relative power of, of suppliers and you
know, and the buying power of the buyers.
826
00:47:22,125 --> 00:47:22,694
And then.
827
00:47:22,960 --> 00:47:26,410
One of the key things with new entrance
into the market and then substitutes.
828
00:47:26,410 --> 00:47:31,660
So I look at this and say a lot of this
is going to be driven from a cost basis
829
00:47:31,720 --> 00:47:34,000
when a corporation can do work in-house.
830
00:47:34,300 --> 00:47:38,680
So if you can do it yourself
in-house and do that reliably,
831
00:47:38,680 --> 00:47:43,300
and it's not a distraction that
undermines value-based pricing, um.
832
00:47:43,795 --> 00:47:46,855
I think another angle on it, because
I think one of the best areas where
833
00:47:46,855 --> 00:47:51,565
there is value-based pricing is, you
know, going to a, uh, a white shoe
834
00:47:51,565 --> 00:47:56,305
law firm or a, you know, a big law
firm to do a big m and a transaction.
835
00:47:56,755 --> 00:47:59,725
Nobody cares what the expense was.
836
00:47:59,725 --> 00:48:04,705
If it's within a benchmark, uh, for
the actual legal fees to complete the
837
00:48:04,705 --> 00:48:09,385
acquisition of a company, they just wanna
know that the acquisition was successful
838
00:48:09,385 --> 00:48:10,885
and that it didn't get screwed up.
839
00:48:11,940 --> 00:48:15,210
Concerned about, well, we, we spent too
much money here and went over budget.
840
00:48:15,630 --> 00:48:19,380
Um, and one of the reasons is because
that's the value is insurance.
841
00:48:19,560 --> 00:48:23,010
You know, you, you've got the best
minds working on this to make sure
842
00:48:23,010 --> 00:48:24,960
that the deal doesn't go sideways.
843
00:48:25,290 --> 00:48:28,710
Um, my question is what if technology.
844
00:48:29,520 --> 00:48:34,380
Go through and provide a better
demonstrable outcome where, or a
845
00:48:34,380 --> 00:48:38,880
transaction where you end up with,
you know, fewer holdbacks, um,
846
00:48:39,090 --> 00:48:43,500
better, more sound due diligence
than what you can get from a big law.
847
00:48:43,500 --> 00:48:45,690
Does that take away the insurance aspect?
848
00:48:45,690 --> 00:48:49,410
And then all of a sudden
there's a different competition
849
00:48:49,440 --> 00:48:51,660
for what is defined as value.
850
00:48:51,660 --> 00:48:55,920
And, you know, it becomes the
standard of what a technology enabled.
851
00:48:56,270 --> 00:49:00,500
Firm can do that's more effective
than just the, you know, the brand
852
00:49:00,500 --> 00:49:02,090
name that you're willing to pay for.
853
00:49:03,170 --> 00:49:07,490
Yeah, that's, that's a really good
point about the kind of the DIY and how
854
00:49:07,490 --> 00:49:16,250
that relates also to the pricing model,
that viability in the marketplace.
855
00:49:16,250 --> 00:49:16,610
Yeah, right.
856
00:49:16,610 --> 00:49:23,970
It's, it's how much, how much cost
or margin is a. Buyer willing to
857
00:49:23,970 --> 00:49:27,780
accept before they decide to pull
the work in-house and deal with
858
00:49:27,780 --> 00:49:29,850
all the inefficiencies, right?
859
00:49:29,850 --> 00:49:33,540
If you're Coca-Cola or Bank of
America, your core competency is
860
00:49:33,540 --> 00:49:36,450
not delivering legal work, right?
861
00:49:36,540 --> 00:49:41,820
Um, so you're going to be less
effective than somebody whose sole
862
00:49:41,820 --> 00:49:47,130
focus is that, but when the pain,
there is a threshold where the pain
863
00:49:47,130 --> 00:49:50,220
gets exceeds, you're gonna deal with.
864
00:49:51,390 --> 00:49:53,490
Inefficiencies of doing the work inhouse.
865
00:49:53,490 --> 00:49:54,720
So yeah, that's a really good point.
866
00:49:55,080 --> 00:49:55,230
Yeah.
867
00:49:57,150 --> 00:49:57,540
Closing.
868
00:50:04,065 --> 00:50:06,944
They need to manage their risk
from a fiduciary perspective.
869
00:50:06,944 --> 00:50:09,795
So they're gonna ask questions
about how are you using ai?
870
00:50:09,795 --> 00:50:12,555
What risk are you putting in,
introducing to my company?
871
00:50:12,884 --> 00:50:17,415
But in a law firm, answering those
questions are kind of giving the roadmap
872
00:50:17,415 --> 00:50:20,535
on the how, uh, how to do it in-house.
873
00:50:20,865 --> 00:50:26,384
And so I do think that a corporation
that's maybe very IP intensive and files
874
00:50:26,384 --> 00:50:29,865
a lot of patents, you know, they may
want to take more of that work in-house
875
00:50:29,865 --> 00:50:31,634
because it's strategic to what they do.
876
00:50:31,634 --> 00:50:34,455
Whereas another company that's,
that's a distraction because
877
00:50:34,455 --> 00:50:37,904
they, they file a patent once in
a blue moon and it's bespoke work.
878
00:50:37,904 --> 00:50:40,275
They're just gonna leave
that, you know, externally.
879
00:50:40,575 --> 00:50:42,765
So I think you're gonna see
some patterns like that where.
880
00:50:43,080 --> 00:50:47,339
You know, as more work gets automated and
the processes are figured out by the law
881
00:50:47,339 --> 00:50:52,259
firms and by the vendors like Harvey, Lara
and others, you're going to see some of
882
00:50:52,259 --> 00:50:58,620
that work then move in-house is, do you,
do you feel like some of these technology
883
00:50:59,190 --> 00:51:05,580
platforms that could be a, a Trojan
horse essentially, where, you know, um.
884
00:51:06,285 --> 00:51:11,295
They develop the know-how and the, and
the capabilities to deliver legal, legal
885
00:51:11,295 --> 00:51:16,695
work and end up, I mean, the valuations
certainly point to, they almost have
886
00:51:16,695 --> 00:51:18,465
to do that to make investors ha Yeah.
887
00:51:18,465 --> 00:51:22,965
They have to displace law firm
revenue to make their their investors.
888
00:51:23,415 --> 00:51:25,395
Hole on those valuations.
889
00:51:25,395 --> 00:51:28,365
Yeah, I think it would be foolish
not to at least go through the mental
890
00:51:28,365 --> 00:51:30,435
exercise of are they Trojan horses?
891
00:51:30,435 --> 00:51:32,265
And I'll give OpenAI as an example.
892
00:51:32,685 --> 00:51:36,134
I use OpenAI, you know,
for my contracting.
893
00:51:36,585 --> 00:51:40,035
And you know, I mean, I'll use a
lawyer if I really need to, but
894
00:51:40,305 --> 00:51:44,265
OpenAI chat, GBT will come back and
tell me, well, this is an unfair.
895
00:51:44,685 --> 00:51:45,375
Agreement.
896
00:51:45,465 --> 00:51:46,815
These are the one-sided areas.
897
00:51:46,815 --> 00:51:48,375
It will redline the areas.
898
00:51:48,375 --> 00:51:52,575
It will explain to me the legal issues
and why it's important to me, and it
899
00:51:52,575 --> 00:51:59,175
will also suggest reasons and ways to go
about negotiating those, those changes
900
00:51:59,175 --> 00:52:00,915
so that I can achieve a better outcome.
901
00:52:01,370 --> 00:52:06,440
I've never had a lawyer do that in-house
or in my personal world, do that.
902
00:52:06,440 --> 00:52:09,890
And I think that the point there is,
is that by being in the middle and
903
00:52:09,890 --> 00:52:13,100
having that big picture, you can grab
the best practices from all these
904
00:52:13,100 --> 00:52:16,850
different areas to make something
that's actually better, um, because
905
00:52:16,850 --> 00:52:18,710
you've got a broader viewpoint.
906
00:52:18,710 --> 00:52:21,920
So if Harvey and Lara are thinking
about how to serve corporates,
907
00:52:21,920 --> 00:52:25,220
which they're, um, I would think
that they're going to know those
908
00:52:25,220 --> 00:52:27,020
things and be able to, to take that.
909
00:52:27,385 --> 00:52:29,995
You know, that knowledge and build
something that might actually be
910
00:52:30,235 --> 00:52:33,745
better and more powerful than, you
know, the individual firms that
911
00:52:33,745 --> 00:52:35,125
think they've got their secret sauce.
912
00:52:35,125 --> 00:52:37,315
It's really worked very well
for them for a long time.
913
00:52:38,275 --> 00:52:39,145
That's a really good point.
914
00:52:39,685 --> 00:52:40,825
Well, we'll have to leave it there.
915
00:52:40,825 --> 00:52:42,235
It was a great conversation, Ken.
916
00:52:42,235 --> 00:52:45,655
I knew it would be, um, you've
been around the industry a long
917
00:52:45,655 --> 00:52:48,835
time and, and have just a ton of
great thought, so I appreciate.
918
00:52:49,455 --> 00:52:52,904
Spending a little time with us, how do
people find more, more about kind of what
919
00:52:52,904 --> 00:52:55,185
you do and, and, and that sort of stuff?
920
00:52:55,245 --> 00:52:55,575
Sure.
921
00:52:55,575 --> 00:52:59,685
So, uh, Ken Crutchfield on
LinkedIn, uh, spring forward
922
00:52:59,685 --> 00:53:02,234
consulting.com is my website.
923
00:53:02,234 --> 00:53:03,404
You can find me there.
924
00:53:03,795 --> 00:53:09,524
Um, but I also do articles for Bob
Ambrogi and Law Next and on Above the Law.
925
00:53:09,524 --> 00:53:13,004
So those are other areas that you
can follow me and, and see, uh,
926
00:53:13,004 --> 00:53:14,475
what I'm writing and thinking about.
927
00:53:15,405 --> 00:53:16,875
But thank you so much for having me, Ted.
928
00:53:16,875 --> 00:53:18,075
This was a great conversation.
929
00:53:18,075 --> 00:53:21,285
Really enjoyed it, loved the, the,
the flow and the ability to just
930
00:53:21,285 --> 00:53:22,575
kind of riff off of each other.
931
00:53:23,175 --> 00:53:23,715
Totally.
932
00:53:23,715 --> 00:53:23,955
Yeah.
933
00:53:23,955 --> 00:53:26,625
It was, it was, it was a, it
was a good time, for sure.
934
00:53:27,045 --> 00:53:29,655
Alright, uh, Ken, well I appreciate
your time and look forward to
935
00:53:29,655 --> 00:53:30,945
seeing you at the next event.
936
00:53:31,245 --> 00:53:32,385
Alright, very good.
937
00:53:32,475 --> 00:53:32,895
Take care.
938
00:53:33,705 --> 00:53:34,845
Alright, bye-bye bye.
939
00:53:34,935 --> 00:53:37,185
Thanks for listening to
Legal Innovation Spotlight.
940
00:53:37,725 --> 00:53:41,205
If you found value in this chat, hit
the subscribe button to be notified
941
00:53:41,205 --> 00:53:42,705
when we release new episodes.
942
00:53:43,185 --> 00:53:45,884
We'd also really appreciate it if
you could take a moment to rate
943
00:53:45,884 --> 00:53:48,555
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944
00:53:49,095 --> 00:53:51,825
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00:00:02,100
Mr. Crushfield, how
are you this afternoon?
2
00:00:02,400 --> 00:00:03,270
I'm doing wonderful.
3
00:00:03,270 --> 00:00:04,110
How are you, Ted?
4
00:00:04,740 --> 00:00:05,640
I'm doing great.
5
00:00:05,820 --> 00:00:06,660
I'm doing great.
6
00:00:06,810 --> 00:00:09,300
We're, uh, we're just
digging out of the snow here.
7
00:00:09,690 --> 00:00:14,700
This is, um, late January and I think
the whole country had some, some weather,
8
00:00:14,700 --> 00:00:17,940
but, uh, you're in sunny Florida, correct?
9
00:00:18,005 --> 00:00:18,810
I, I did.
10
00:00:18,810 --> 00:00:22,200
We dodged, my wife and I decided
to test the Snowbirding thing with
11
00:00:22,200 --> 00:00:27,300
the independent advisory work, so
we bailed out about a week ago and
12
00:00:27,330 --> 00:00:29,370
came down to Lauderdale and it's.
13
00:00:29,790 --> 00:00:30,540
Great weather.
14
00:00:30,540 --> 00:00:35,460
It was 84 yesterday while everybody was
getting pummeled and uh, you know, a
15
00:00:35,460 --> 00:00:37,110
little cooler today, but I'll take it.
16
00:00:37,920 --> 00:00:38,970
Good for you man.
17
00:00:38,970 --> 00:00:39,690
Good for you.
18
00:00:40,080 --> 00:00:43,769
Um, well let's, uh, let's,
let's get you introduced.
19
00:00:43,769 --> 00:00:47,099
Um, you and I have have bumped into
each other throughout the years.
20
00:00:47,099 --> 00:00:49,950
We had a great conversation at TLTF
and I was like, man, we gotta get
21
00:00:49,950 --> 00:00:53,460
you on the podcast 'cause you're a
wealth of knowledge in this space.
22
00:00:53,460 --> 00:00:57,480
So, um, why don't you tell everybody who
you are, what you do, where you do it.
23
00:00:57,885 --> 00:00:58,095
Sure.
24
00:00:58,095 --> 00:00:58,905
So I'm, I'm Ken.
25
00:00:58,905 --> 00:01:01,964
I live in Alexandria, Virginia
right now, right outside of dc.
26
00:01:02,324 --> 00:01:04,394
I am an independent advisor.
27
00:01:04,394 --> 00:01:08,804
I work with legal tech startups, uh,
helping advise them on product market
28
00:01:08,804 --> 00:01:14,685
fit, so product strategy, market strategy,
basically how to, uh, raise money
29
00:01:14,685 --> 00:01:17,085
and then how to scale and make money.
30
00:01:17,414 --> 00:01:18,945
Those are the, the core things I do.
31
00:01:18,945 --> 00:01:22,335
I also work with a few other, you
know, uh, larger corporations too.
32
00:01:22,725 --> 00:01:26,445
Uh, but I've been independent
since June when I left Walters Klu.
33
00:01:26,990 --> 00:01:33,470
I've been around the market in since
1982, so coming up on 44 years,
34
00:01:33,800 --> 00:01:38,330
um, when I first stumbled into
LexiNexis back in Dayton, Ohio as
35
00:01:38,330 --> 00:01:40,039
I was, uh, looking for internships.
36
00:01:41,000 --> 00:01:42,110
So you've been around a while?
37
00:01:42,410 --> 00:01:42,890
Yes.
38
00:01:43,515 --> 00:01:49,244
You've seen a lot of, uh, you've seen a
lot of cycles and, um, I've been around,
39
00:01:49,574 --> 00:01:52,485
uh, less than half of that in legal.
40
00:01:52,755 --> 00:01:57,074
Um, I got started in right around the
time of the Great Recession, which was
41
00:01:57,074 --> 00:02:01,130
a hell of a time to start working with
law firms, but it all worked out, so Wow.
42
00:02:01,149 --> 00:02:01,369
Uh.
43
00:02:02,009 --> 00:02:02,759
Made it through.
44
00:02:03,690 --> 00:02:07,800
Um, well, you and I had a
conversation in, in Austin.
45
00:02:08,460 --> 00:02:08,549
Mm-hmm.
46
00:02:08,789 --> 00:02:14,700
And I think we, we shared some common
beliefs and, you know, one of the
47
00:02:14,700 --> 00:02:16,230
things that, that we talked about.
48
00:02:17,535 --> 00:02:20,385
Was, you know, as part
of this transformation.
49
00:02:20,775 --> 00:02:21,614
I see.
50
00:02:21,795 --> 00:02:25,635
So we have, uh, I think we have
50 4:00 AM law clients to date.
51
00:02:25,635 --> 00:02:29,475
So we, one out of every 4:00
AM law 200 firms use us.
52
00:02:30,045 --> 00:02:35,415
And so we get across, but I've worked with
more than half, half the AM law probably.
53
00:02:36,540 --> 00:02:39,030
Approaching three quarters
at this point, but Right.
54
00:02:39,239 --> 00:02:43,530
I've seen a good cross-sectional
view of inside law firms, how they
55
00:02:43,530 --> 00:02:45,420
operate, what's similar, what's not.
56
00:02:46,140 --> 00:02:51,959
And what I'm seeing now is I'm seeing
a kind of a bifurcation of firms
57
00:02:52,019 --> 00:02:59,370
that are kind of going all in and
really embracing this opportunity.
58
00:02:59,880 --> 00:03:02,399
And some firms that are just stuck.
59
00:03:02,820 --> 00:03:02,910
Mm-hmm.
60
00:03:03,149 --> 00:03:05,070
And the ones that seem stuck.
61
00:03:05,715 --> 00:03:11,084
Seem to be over-indexing on ROI
is what it looks like to me.
62
00:03:11,655 --> 00:03:14,745
And I have a theory that I'd
love to get your take on.
63
00:03:15,405 --> 00:03:19,515
Um, I think that ROI is a
very important concept, right?
64
00:03:19,605 --> 00:03:24,495
Um, they teach us this in
business school and investors.
65
00:03:24,930 --> 00:03:29,700
You know, pay close attention to
ROI and return on invested capital
66
00:03:29,700 --> 00:03:30,930
and, and all these sorts of things.
67
00:03:31,560 --> 00:03:41,910
But when you're in a state of disruption
over-indexing on ROI and locking down the
68
00:03:41,910 --> 00:03:46,109
pocketbook can be, can set you behind.
69
00:03:46,109 --> 00:03:47,609
And I feel like.
70
00:03:48,329 --> 00:03:49,980
This is what I'd love to get your take on.
71
00:03:50,340 --> 00:03:56,489
A lot of the r in ROI return is,
is learning some of these firms,
72
00:03:56,519 --> 00:04:01,500
you know, getting out there, trying
some things, experimenting, um,
73
00:04:02,459 --> 00:04:08,100
exposing the practice to these new
ways of, uh, conducting business.
74
00:04:08,190 --> 00:04:11,940
Um, are you seeing that
bifurcation and what is your.
75
00:04:12,990 --> 00:04:16,050
What are, what are your thoughts on,
on ROI at this stage in the game?
76
00:04:16,260 --> 00:04:16,469
Yeah.
77
00:04:16,469 --> 00:04:19,529
I think for corporations it makes
a lot of sense because better,
78
00:04:19,529 --> 00:04:23,190
faster, cheaper is part of the
DNA of of being on a corporation.
79
00:04:23,580 --> 00:04:26,760
Law firms, especially when you're
billing by the hour, it's, it's hard
80
00:04:26,760 --> 00:04:32,100
to measure ROI, um, because the more
effective, the more efficient you are.
81
00:04:32,400 --> 00:04:32,790
The.
82
00:04:33,229 --> 00:04:35,719
Less money you might make if
you're charging by the hour.
83
00:04:35,719 --> 00:04:40,070
So I view this as a, an
issue of competitiveness.
84
00:04:40,280 --> 00:04:41,840
How do you stay competitive?
85
00:04:42,140 --> 00:04:45,349
And that, that creates some conundrums
that I'm sure we'll talk about a little
86
00:04:45,349 --> 00:04:47,780
later in, in this, uh, in this podcast.
87
00:04:47,780 --> 00:04:51,935
But one of those is, you know, you
don't wanna be so far out ahead.
88
00:04:52,650 --> 00:04:56,670
Um, you're outside of the herd, but
you also don't want to be left behind
89
00:04:56,670 --> 00:05:00,719
and be, you know, left, uh, you know,
for the, you don't wanna be the gazelle
90
00:05:00,719 --> 00:05:02,190
that gets, uh, eaten by the lion.
91
00:05:02,430 --> 00:05:06,360
So there is a little bit of this herd
mentality where it's really important
92
00:05:06,360 --> 00:05:08,730
to be able to quickly respond.
93
00:05:09,030 --> 00:05:11,670
And one example I I
remember hearing was a, um.
94
00:05:12,195 --> 00:05:16,695
Uh, AM 10 firm who was doing a
lot of work with machine learning.
95
00:05:16,695 --> 00:05:20,565
They've been doing that for a while,
and client asked specifically for a
96
00:05:20,565 --> 00:05:24,015
task to be done that way and the other.
97
00:05:24,750 --> 00:05:29,010
Uh, am law firm that was being
evaluated did not have that skillset.
98
00:05:29,280 --> 00:05:33,299
So guess who got the business and who
didn't and who was calling in to learn
99
00:05:33,299 --> 00:05:35,039
how to do machine learning the next day.
100
00:05:35,400 --> 00:05:39,840
Um, that's the sort of example
that I see when I think about ROI.
101
00:05:40,229 --> 00:05:43,799
Um, when you think about you going down
a little bit further, maybe into mid
102
00:05:44,580 --> 00:05:50,580
law, I think there are, there, there
are some important factors to consider.
103
00:05:51,615 --> 00:05:55,094
Uh, recognizing that you're
technology users, law firms should
104
00:05:55,094 --> 00:05:58,844
be technology users as opposed to
technology creators in general.
105
00:05:59,265 --> 00:06:03,555
And so from that standpoint, if you have
your IT department wanting to go off
106
00:06:03,555 --> 00:06:07,485
and build things that are not necessary,
that's not particularly effective.
107
00:06:07,485 --> 00:06:11,205
I think being, uh, prepared to be a fast
follower, it is something that is, is an
108
00:06:11,205 --> 00:06:14,055
important part of the DNA of a law firm.
109
00:06:14,055 --> 00:06:16,935
If you're gonna be responsive, especially
if you're not one of the largest.
110
00:06:17,925 --> 00:06:19,755
Yeah, well you're speaking
my language there.
111
00:06:19,755 --> 00:06:22,035
I talk build versus buy all the time.
112
00:06:22,095 --> 00:06:27,675
In the context of what we do at
info dash, which we, we are a legal
113
00:06:27,675 --> 00:06:31,695
intranet and internet provider
on the legal intranet side.
114
00:06:31,785 --> 00:06:34,905
We have no competition, um, other than.
115
00:06:35,520 --> 00:06:37,320
Firms wanting to do custom dev.
116
00:06:37,860 --> 00:06:37,950
Mm-hmm.
117
00:06:38,190 --> 00:06:45,210
And I can tell you that nine out of 10
times roughly, this is anecdotal, but
118
00:06:45,240 --> 00:06:52,980
I've seen a lot of it in my almost 20
years of helping firms go down this path.
119
00:06:53,520 --> 00:06:54,900
It usually ends badly.
120
00:06:55,080 --> 00:07:02,220
And where things go sideways is they're
able to estimate the initial effort to.
121
00:07:03,030 --> 00:07:06,510
Um, get things up and running
a minimum viable product.
122
00:07:06,810 --> 00:07:12,480
Usually not great at that, but like
within a, a reasonable margin, 20, 30%.
123
00:07:12,660 --> 00:07:17,505
Sometimes it goes four x I've seen
that too, but, um, where, where,
124
00:07:17,640 --> 00:07:23,370
but where I think they struggle
in evaluating the TCO of doing a
125
00:07:23,370 --> 00:07:26,490
custom project is in the support.
126
00:07:26,940 --> 00:07:31,919
The maintenance, the training, the
change management, the enhancements.
127
00:07:32,430 --> 00:07:37,229
And if I can get in front of a firm
before they make, before they get pot
128
00:07:37,229 --> 00:07:41,400
committed, I'm usually successful in
showing why that doesn't make sense.
129
00:07:42,060 --> 00:07:42,570
Um, but.
130
00:07:43,140 --> 00:07:46,739
Amazingly, and it sounds like
you've seen some of that too.
131
00:07:47,130 --> 00:07:52,080
Firms still march down that
path all the time, and a lot
132
00:07:52,080 --> 00:07:53,340
of times end up in a ditch.
133
00:07:53,669 --> 00:07:53,969
Right?
134
00:07:54,419 --> 00:07:58,679
I think, I mean, if you're an IT person,
you, you want to do things that are
135
00:07:58,679 --> 00:08:03,000
interesting that, uh, advance your
resume and advance your experience.
136
00:08:03,000 --> 00:08:06,539
So there is a desire to want to
do things yourself, especially
137
00:08:06,539 --> 00:08:07,434
when you look at it and say.
138
00:08:07,950 --> 00:08:11,640
I could do that even though, you know,
just like with info dash, if you have
139
00:08:11,640 --> 00:08:17,789
54 big wall clients, um, you know,
you've done that 54 times for that
140
00:08:17,940 --> 00:08:22,109
segment of the market and you know the
support issues, you know, the pitfalls.
141
00:08:22,440 --> 00:08:26,669
Whereas that firm doing it on
their own is doing something that's
142
00:08:27,330 --> 00:08:30,840
bespoke to them, not something
that's in their core competency.
143
00:08:31,049 --> 00:08:34,409
And while they may be able to do it,
it's probably a bit of a distraction,
144
00:08:34,439 --> 00:08:36,120
even if they are successful.
145
00:08:36,870 --> 00:08:37,169
Yeah.
146
00:08:37,169 --> 00:08:39,989
You know, I always go back to
what is the highest and best use
147
00:08:39,989 --> 00:08:41,729
of your technology team's time.
148
00:08:41,969 --> 00:08:42,059
Mm-hmm.
149
00:08:42,299 --> 00:08:46,680
I would argue that rebuilding off
the shelf tools is near the bottom
150
00:08:46,680 --> 00:08:52,410
of that list, and what's at the top
of that list are things that you can
151
00:08:52,410 --> 00:08:56,790
do to differentiate, to do something
different than your competition.
152
00:08:57,089 --> 00:09:00,900
But rebuilding off the shelf
tools, it's never cheaper ever.
153
00:09:00,900 --> 00:09:03,540
I mean, if you're gonna
build a like for like.
154
00:09:04,260 --> 00:09:07,350
It's just the economics
aren't there, right?
155
00:09:07,380 --> 00:09:08,850
It doesn't, it doesn't make sense.
156
00:09:08,850 --> 00:09:12,510
So unless you're trying to do something
totally unique, which in the in internet
157
00:09:12,510 --> 00:09:16,950
next rent world, like there's not,
the universe is small, it's solved.
158
00:09:16,950 --> 00:09:18,240
We've solved these problems.
159
00:09:18,810 --> 00:09:24,810
Um, but yeah, I still see, I still see
firms go down that path and you know,
160
00:09:24,810 --> 00:09:28,620
I always try and flag, Hey, is this
the highest and best use of your time?
161
00:09:29,250 --> 00:09:30,780
Your, your tech team's time?
162
00:09:30,870 --> 00:09:33,840
And like what happens
when people leave because.
163
00:09:34,245 --> 00:09:36,105
It's not just law firms
that struggle with this.
164
00:09:36,105 --> 00:09:40,334
I mean, even us as a technology
company, keeping things fully
165
00:09:40,334 --> 00:09:46,365
documented, you know, to current state
is documentation is always lagging.
166
00:09:46,425 --> 00:09:46,605
Right.
167
00:09:47,295 --> 00:09:52,214
It's a, it's a juggling act with resources
as to how much you allocate towards
168
00:09:52,214 --> 00:09:54,615
what, but law firms really struggle.
169
00:09:54,615 --> 00:09:57,915
And then somebody key leaves and, you
know, the, the firm gets left holding
170
00:09:57,915 --> 00:10:02,625
the bag or something breaks and, um,
well, and documentation's overhead.
171
00:10:03,285 --> 00:10:04,814
Documentation is overhead.
172
00:10:04,845 --> 00:10:07,725
It's something that isn't
necessarily valued in, you
173
00:10:07,725 --> 00:10:09,314
know, by clients of a law firm.
174
00:10:09,375 --> 00:10:14,535
Anything that is, you know, not
billable or not directly tied to
175
00:10:14,535 --> 00:10:17,235
billable work, that that becomes
something that gets traded off.
176
00:10:17,235 --> 00:10:20,324
If push comes shove, hundred
percent, and you know.
177
00:10:21,915 --> 00:10:26,055
Something else you and I talked
about is the partnership model and
178
00:10:26,055 --> 00:10:31,515
the cash ba in the cash basis, which
most not all AmLaw firms operate.
179
00:10:31,515 --> 00:10:35,115
There are some very big firms at
the top of the AmLaw that, uh, are
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00:10:35,115 --> 00:10:40,215
on an accrual basis, which shocked
me honestly, because that's a.
181
00:10:41,115 --> 00:10:45,344
Interesting proposition when, you
know, there are, there are pretty
182
00:10:45,555 --> 00:10:51,885
massive tax implications to pay
taxes on work that has been delivered
183
00:10:51,885 --> 00:10:53,235
and invoiced but hasn't been.
184
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Mm-hmm.
185
00:10:53,655 --> 00:10:55,064
The cash hasn't been collected.
186
00:10:55,515 --> 00:10:55,724
Right.
187
00:10:55,724 --> 00:10:58,275
Um, it evens out over the years.
188
00:10:58,334 --> 00:10:58,724
Right.
189
00:10:58,730 --> 00:11:05,145
Um, things that are, um, cash that hasn't
been collected at the end of one year.
190
00:11:06,150 --> 00:11:11,250
Happen the following year, and overall
it evens out, but cash basis accounting
191
00:11:11,280 --> 00:11:15,150
and, and the law firm partnership
model is really optimized for profit
192
00:11:15,150 --> 00:11:22,650
taking and it makes the whole concept
of r and d and allocating capital to
193
00:11:22,650 --> 00:11:24,600
that, to those efforts a struggle.
194
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Do, do you agree?
195
00:11:26,130 --> 00:11:26,550
Yes.
196
00:11:26,550 --> 00:11:29,940
I, I think that, that the
partnership model is, is basically
197
00:11:29,940 --> 00:11:31,350
designed to pass through.
198
00:11:31,845 --> 00:11:36,285
Uh, the profits to the partners every
year, and then they pay the taxes on it.
199
00:11:36,285 --> 00:11:40,185
So that's part of the, you know, the
interesting challenge, I think with some
200
00:11:40,185 --> 00:11:45,345
of these new AI native law firms that
are starting up, thinking about how to
201
00:11:45,345 --> 00:11:50,475
capitalize differently instead of being
a partnership, but more so corporation
202
00:11:50,475 --> 00:11:53,595
and having a value on the shares of.
203
00:11:54,030 --> 00:11:59,010
Stock, if you will, in the, uh, in
the law firm is an interesting way
204
00:11:59,010 --> 00:12:03,810
because you can, you can then ask,
the firm grows value those shares,
205
00:12:03,810 --> 00:12:07,829
and if somebody ends up exiting,
they sell their shares and they sell
206
00:12:07,829 --> 00:12:11,099
them at whatever the valuation is or
whatever the rules of the corporation
207
00:12:11,099 --> 00:12:13,365
are, it gives them incentives to.
208
00:12:13,959 --> 00:12:19,630
Add to the shareholder value, add to the
overall value of the organization, and
209
00:12:19,630 --> 00:12:22,209
give some opportunity for profit and exit.
210
00:12:22,569 --> 00:12:25,900
Um, you know, I know one of the
biggest challenges of partnerships
211
00:12:25,959 --> 00:12:29,800
in law firms that's, you know, from a
practical sense is that the most senior
212
00:12:29,800 --> 00:12:34,720
people in the firm have the strongest
say and, uh, the biggest, uh, the
213
00:12:34,720 --> 00:12:36,670
biggest ownership in the partnership.
214
00:12:37,030 --> 00:12:38,260
And they.
215
00:12:38,615 --> 00:12:41,945
Are okay with things changing the
day after they leave, you know,
216
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and retire so that you know.
217
00:12:43,565 --> 00:12:46,115
But until then, they don't
necessarily want to go through that.
218
00:12:46,115 --> 00:12:48,425
They'd rather just continue
to get their profits the way
219
00:12:48,425 --> 00:12:49,655
they have all, all the time.
220
00:12:50,564 --> 00:12:50,985
Yeah.
221
00:12:51,015 --> 00:12:57,015
If, if, if a capital project, if the
break even on a capital project extends
222
00:12:57,015 --> 00:13:01,365
beyond a stakeholder's retirement
horizon, why would they vote for it?
223
00:13:01,420 --> 00:13:01,770
Right?
224
00:13:01,775 --> 00:13:01,875
Right.
225
00:13:01,935 --> 00:13:03,735
It's, it's only gonna cost them money.
226
00:13:04,155 --> 00:13:11,985
So that is a big challenge
that I, I don't know how firms.
227
00:13:12,390 --> 00:13:17,939
Really dig themselves out of that
dynamic because, you know, and another
228
00:13:17,939 --> 00:13:21,750
dynamic related to leadership at
law firms is a lot of leaders got
229
00:13:21,750 --> 00:13:23,339
there by being the best at lawyering.
230
00:13:24,510 --> 00:13:24,810
Right.
231
00:13:24,810 --> 00:13:27,510
Or the best at relationships
and selling, right?
232
00:13:27,900 --> 00:13:28,230
Yeah.
233
00:13:28,230 --> 00:13:33,089
Which I would in include in the, the
broader bucket of lawyering, right?
234
00:13:33,089 --> 00:13:33,180
Yes.
235
00:13:33,180 --> 00:13:36,360
Not just delivering the legal work, but
yeah, you gotta go sell it and keep the
236
00:13:36,360 --> 00:13:39,060
client happy and all that sort of stuff.
237
00:13:39,089 --> 00:13:39,990
And, um.
238
00:13:40,440 --> 00:13:42,600
That doesn't always make
you the best leader.
239
00:13:42,600 --> 00:13:43,830
Right, right.
240
00:13:43,980 --> 00:13:49,320
Um, so yeah, like what do you
see as the, the future state?
241
00:13:50,190 --> 00:13:54,120
Um, is this model sustainable,
a partnership model, cash basis?
242
00:13:54,660 --> 00:13:57,270
You know, people at the top of the.
243
00:13:58,349 --> 00:14:03,420
Like seniority spectrum, calling
the shots with a retirement horizon.
244
00:14:03,420 --> 00:14:07,949
Very much insight like, I dunno, is this
a sustainable model in this next, in
245
00:14:07,949 --> 00:14:09,719
this future state we're headed towards?
246
00:14:09,930 --> 00:14:12,180
I, you know, I've been thinking
about things, 'cause I've got
247
00:14:12,180 --> 00:14:13,260
an engineering background.
248
00:14:13,260 --> 00:14:17,010
I've been thinking about a lot of this
because it's so unpredictable right
249
00:14:17,010 --> 00:14:21,209
now in terms of systems analysis and
looking at the, the broader system.
250
00:14:21,209 --> 00:14:24,599
So I do believe that there are some
things that are going to change.
251
00:14:24,965 --> 00:14:27,815
You know, interpretation of
unauthorized practice of law.
252
00:14:28,115 --> 00:14:30,305
I think that's an area
that that could give.
253
00:14:30,305 --> 00:14:35,345
And if that gives, that changes a lot
in terms of what the viable structures
254
00:14:35,345 --> 00:14:37,145
are going to look like for law firms.
255
00:14:37,445 --> 00:14:40,535
I also think that managed
services organizations are going
256
00:14:40,535 --> 00:14:42,905
to be, you know, more prominent.
257
00:14:42,965 --> 00:14:46,745
And one of the areas that I think that
it needs to be teased out a little
258
00:14:46,745 --> 00:14:52,835
bit more is the line between advice,
you know, and legal information.
259
00:14:53,105 --> 00:14:53,675
I think.
260
00:14:54,030 --> 00:14:56,790
You know, the medical profession
used to go to a doctor, you
261
00:14:56,790 --> 00:14:59,370
know, or a doctor would make
house calls even back in the day.
262
00:14:59,430 --> 00:15:01,680
And there wasn't a lot of specialization.
263
00:15:01,680 --> 00:15:04,860
There wasn't a lot of,
um, discerning what.
264
00:15:05,280 --> 00:15:08,040
Really you needed medical
advice for, and I think those
265
00:15:08,040 --> 00:15:10,140
analogies play into the law too.
266
00:15:10,500 --> 00:15:14,219
Uh, you have x-ray technicians
that will make sure that your
267
00:15:14,219 --> 00:15:15,630
x-ray was taken properly.
268
00:15:15,630 --> 00:15:17,969
Then you have a different
technician that reviews the
269
00:15:17,969 --> 00:15:19,439
outcome of that and the output.
270
00:15:19,439 --> 00:15:22,829
You have physician's assistants
that can now prescribe medicine.
271
00:15:23,040 --> 00:15:24,089
There's like one.
272
00:15:24,525 --> 00:15:28,155
1 million lawyers, or one,
one in 17 healthcare workers
273
00:15:28,155 --> 00:15:29,265
is actually a doctor now.
274
00:15:29,715 --> 00:15:33,645
Um, so there's a very small
percentage of those, and they're very
275
00:15:33,645 --> 00:15:37,785
specialized doing work, you know,
on, you know, brain surgery versus,
276
00:15:38,115 --> 00:15:39,555
you know, being a pediatrician.
277
00:15:39,735 --> 00:15:43,455
So there's a broad, you know,
spectrum of specialization there.
278
00:15:43,725 --> 00:15:46,905
And I don't think that law
has done that in the same way.
279
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And if anything.
280
00:15:49,439 --> 00:15:54,060
The, the regulations around, you know,
a, b, a five, four and five five, and
281
00:15:54,060 --> 00:15:58,500
as they've been deployed, you know, by
state Supreme Courts that has kind of
282
00:15:58,500 --> 00:16:03,510
created these, these barriers where you
don't even get close to the edge of legal
283
00:16:03,510 --> 00:16:08,100
advice versus legal information to the
point that like individual consumers,
284
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how would they know what the law is?
285
00:16:09,870 --> 00:16:14,640
Um, you know, unless they had access
to the, the stack of books that
286
00:16:14,760 --> 00:16:17,015
are on the bookshelf at the law
firm and knew how to read those.
287
00:16:18,705 --> 00:16:21,225
You know, so my first
entrepreneurial venture, I
288
00:16:21,225 --> 00:16:22,875
started a collection agency, okay.
289
00:16:22,875 --> 00:16:25,965
Before I was old enough to drink 1993.
290
00:16:26,565 --> 00:16:31,545
And, uh, how it started was my mom
owned, uh, a restaurant in downtown
291
00:16:31,545 --> 00:16:33,015
Raleigh, and during the day.
292
00:16:34,090 --> 00:16:37,900
She was from Philadelphia, so we
had a hogie shop and I was delivery,
293
00:16:37,900 --> 00:16:41,650
boy, I used to deliver all to the
state employees during the day.
294
00:16:41,650 --> 00:16:46,270
And then at night there's probably like
six, seven colleges in Raleigh, uh, NC
295
00:16:46,270 --> 00:16:48,760
State, Meredith College, Shaw University.
296
00:16:49,210 --> 00:16:52,420
Anyway, both of those sets of people.
297
00:16:53,040 --> 00:16:56,070
Kind of live paycheck to paycheck,
and they bounce a lot of checks.
298
00:16:56,070 --> 00:16:56,160
Mm-hmm.
299
00:16:56,665 --> 00:17:01,470
So I was a junior at UNC Chapel Hill
right down the road, and my mom kind
300
00:17:01,470 --> 00:17:06,300
of put me in charge of collecting these
checks and I, I was making money, uh,
301
00:17:06,329 --> 00:17:08,190
doing it, you know, part-time job.
302
00:17:08,190 --> 00:17:10,200
I was making like six, 800 bucks a week.
303
00:17:10,620 --> 00:17:14,610
So I quit school for a year, started
this business, and then went back
304
00:17:14,610 --> 00:17:15,810
and finished my degree at night.
305
00:17:16,470 --> 00:17:19,470
But, um, I went and learned
all the statutes myself.
306
00:17:19,470 --> 00:17:20,490
I still remember 'em.
307
00:17:20,550 --> 00:17:21,900
Um, uh.
308
00:17:22,349 --> 00:17:27,900
5 21 0.6. So it's a criminal offense in
North Carolina to, uh, bounce a check.
309
00:17:27,900 --> 00:17:34,290
And then there's a civil statute, um, 6
21 0.3 that allows for trouble damages.
310
00:17:34,800 --> 00:17:38,940
If you sue somebody in civil court,
you can get trouble your damages.
311
00:17:39,270 --> 00:17:39,510
Wow.
312
00:17:39,570 --> 00:17:41,670
The amount, three times
the amount of the check.
313
00:17:42,390 --> 00:17:46,560
And, you know, I just kind of figured
it out again, had no legal background
314
00:17:46,560 --> 00:17:48,030
and made a successful business.
315
00:17:49,215 --> 00:17:56,415
But yeah, you know, small business
people and consumers who aren't as, um,
316
00:17:56,805 --> 00:18:05,265
savvy or determined, it's a struggle to
really get, learn, navigate the system.
317
00:18:06,735 --> 00:18:10,605
I think one practical example of that
is, I think the first time I really
318
00:18:10,605 --> 00:18:14,445
was involved in creating a playbook
for, uh, the company I was working
319
00:18:14,445 --> 00:18:17,235
for on how to negotiate contracts.
320
00:18:17,235 --> 00:18:18,675
And so we, we came up with what.
321
00:18:20,715 --> 00:18:25,245
Template for our contracts because
we're getting negotiation pushback in a
322
00:18:25,245 --> 00:18:28,125
number of different areas and how things
were one sided shouldn't have been.
323
00:18:28,485 --> 00:18:30,975
And we came up with what's our,
what's our fallback and what's our
324
00:18:30,975 --> 00:18:32,595
fallback from there and everything.
325
00:18:32,895 --> 00:18:37,455
And it was a lot of legal input
and legal advice at the upfront.
326
00:18:37,725 --> 00:18:39,585
But once you had that document.
327
00:18:40,320 --> 00:18:43,590
You know, a salesperson could go
through and navigate through a fair
328
00:18:43,590 --> 00:18:48,120
amount of the negotiation before
you needed business advice first.
329
00:18:48,330 --> 00:18:52,350
And then there were a few exceptions
where you needed legal advice and
330
00:18:52,350 --> 00:18:55,470
you needed to bring the lawyer back
in to, to work through something.
331
00:18:55,470 --> 00:18:59,160
But you know, we even got down to
the path of like, okay, when dealing
332
00:18:59,160 --> 00:19:02,640
with limitations of liability, well
we'll give on gross negligence.
333
00:19:03,000 --> 00:19:07,440
Pass number three, because most states
in New York, which was what we were
334
00:19:07,440 --> 00:19:11,760
contracting in, you can't, you know,
you, you have unlimited damages and
335
00:19:11,760 --> 00:19:13,830
unlimited liability for gross negligence.
336
00:19:13,830 --> 00:19:16,620
So it really wasn't a give,
but it was optically a give.
337
00:19:16,740 --> 00:19:21,540
And that was part of the, the business
strategy that we used based upon that.
338
00:19:21,780 --> 00:19:22,860
And that's a good example.
339
00:19:22,860 --> 00:19:25,890
I think you can have a lawyer
involved every step of the way, every
340
00:19:25,890 --> 00:19:27,840
negotiation, which isn't efficient.
341
00:19:28,110 --> 00:19:31,050
Or you can design a process legal.
342
00:19:32,385 --> 00:19:35,955
Let's the business run and then
manage the exceptions where you
343
00:19:35,955 --> 00:19:39,855
need the lawyer and the legal advice
on the backend when those occur.
344
00:19:40,875 --> 00:19:41,055
Yeah.
345
00:19:41,055 --> 00:19:41,685
Interesting.
346
00:19:41,685 --> 00:19:48,645
You, you brought up, um, a BA model rule
five four, which is the, the addresses,
347
00:19:48,645 --> 00:19:55,815
the non-legal ownership that creates
a barrier for external capital to
348
00:19:55,875 --> 00:19:58,305
participate in any sort of fee sharing.
349
00:19:58,365 --> 00:20:00,945
And as a result of that.
350
00:20:01,875 --> 00:20:09,524
There are workarounds in place, which
are MSOs as an example, and I've
351
00:20:09,524 --> 00:20:13,574
actually seen some of the proposals.
352
00:20:14,175 --> 00:20:17,024
Uh, there's a, they, they fall
on a pretty wide spectrum.
353
00:20:17,595 --> 00:20:22,695
Um, I've seen where there is a
legitimate MSO being stood up.
354
00:20:23,100 --> 00:20:27,060
Where they take care of many of the
back office functions and deliver
355
00:20:27,060 --> 00:20:28,860
some economies of scale around that.
356
00:20:29,280 --> 00:20:31,620
And then they're, they're,
that's one end of the spectrum.
357
00:20:31,620 --> 00:20:35,760
The other end of the spectrum, it's
just a way for to, to get money
358
00:20:35,760 --> 00:20:37,440
out of the firm for the partners.
359
00:20:37,440 --> 00:20:37,530
Right.
360
00:20:37,980 --> 00:20:42,990
And uh, I got, a friend of mine
owns a 50 attorney law firm and he
361
00:20:42,990 --> 00:20:46,020
shared this with me and I looked
at it, I was like, wow, there's
362
00:20:46,080 --> 00:20:49,050
real, this is purely just a way to.
363
00:20:49,710 --> 00:20:53,460
Um, inject capital and get
some participation externally.
364
00:20:53,670 --> 00:20:56,610
I mean, is this a, this
seems like a bandaid.
365
00:20:57,300 --> 00:21:00,900
Is this a long-term approach
we're gonna see here?
366
00:21:01,380 --> 00:21:04,530
I don't have a real crystal ball
on this one, but I, I think that,
367
00:21:04,530 --> 00:21:05,765
you know, start with observation.
368
00:21:07,290 --> 00:21:12,240
Intuit and TurboTax is something that
people tend to be familiar with as, as
369
00:21:12,240 --> 00:21:15,600
a, uh, a way to prepare your own taxes.
370
00:21:15,840 --> 00:21:20,880
And if you go to A-A-C-P-A to have your
taxes done, you're probably using either
371
00:21:20,880 --> 00:21:25,830
a Thomson Reuters, a Walters Klu, or
an Intuit professional grade version of
372
00:21:25,830 --> 00:21:27,180
a product that's similar to TurboTax.
373
00:21:27,930 --> 00:21:31,170
Um, they're just using it
behind the scenes and so.
374
00:21:31,710 --> 00:21:37,590
The point that I wanna make here is, is
that those technologies are interpreting.
375
00:21:38,324 --> 00:21:42,915
Tax law, um, law, tying it in with
facts, and then creating a tax return
376
00:21:42,945 --> 00:21:45,824
for compliance because everybody
has to comply and pay their taxes.
377
00:21:46,155 --> 00:21:48,465
Um, it's, it's a narrow area.
378
00:21:48,764 --> 00:21:51,195
It's very limited in its regulation.
379
00:21:51,195 --> 00:21:53,715
The IRS requires, um, that.
380
00:21:54,010 --> 00:21:58,810
Any tax software product actually create
the, the proper e-file format so it
381
00:21:58,810 --> 00:22:04,060
doesn't get a file, doesn't get rejected,
but there's not a lot of regulation on,
382
00:22:04,420 --> 00:22:06,340
you know, tax software companies at all.
383
00:22:06,760 --> 00:22:08,740
And that's something that.
384
00:22:09,870 --> 00:22:14,670
Other industries can do, whether it's
manufacturing or you know, medical
385
00:22:14,670 --> 00:22:20,940
profession or or tax, where you can
have a third party organization invest
386
00:22:20,940 --> 00:22:25,800
in a vendor solution that can be
benefited by all players in the market.
387
00:22:26,460 --> 00:22:28,440
And legally you can't do that.
388
00:22:29,399 --> 00:22:32,790
It's there's, this is why you're getting
these areas of bending and working around
389
00:22:32,790 --> 00:22:37,290
right now because ownership capital.
390
00:22:38,719 --> 00:22:41,750
Contribute, all the
investors in it are lawyers.
391
00:22:41,959 --> 00:22:43,550
I guess that could theoretically work.
392
00:22:43,820 --> 00:22:49,399
You know, a, a law firm or a corporation
that wants to be a vendor can't do it
393
00:22:49,399 --> 00:22:53,090
because they would have to be a law firm
and governed by legal rules because they
394
00:22:53,090 --> 00:22:56,360
might be advising, you know, on the law.
395
00:22:56,719 --> 00:22:58,520
And I think that's the, the big issue.
396
00:22:58,520 --> 00:23:01,340
So right now I feel like these are
workarounds, but I also think that
397
00:23:01,820 --> 00:23:05,360
there's a fair amount of pressure
right now building to, you know.
398
00:23:05,790 --> 00:23:08,645
Uh, adjust the UPL enforcement.
399
00:23:09,824 --> 00:23:14,264
It may be more non-enforcement than it
is actual enforcement because so much
400
00:23:14,564 --> 00:23:16,875
is going on, especially with open ai.
401
00:23:16,995 --> 00:23:20,715
I think they just, you know, created
open AI medical, and I don't you,
402
00:23:21,044 --> 00:23:25,665
you can use chat GBT to plead a case
in court right now and their, you
403
00:23:25,665 --> 00:23:29,290
know, stories on NBC news and other
things where, you know, individuals
404
00:23:29,564 --> 00:23:34,094
have done that and, and have won, uh,
cases where they're being evicted from
405
00:23:34,094 --> 00:23:35,895
their home and other things like that.
406
00:23:36,275 --> 00:23:38,315
That's a very common thing right now.
407
00:23:38,315 --> 00:23:44,855
And I think when you get that
practical usage of technology, it
408
00:23:44,885 --> 00:23:49,475
becomes more of a political issue
than a a legal enforcement issue.
409
00:23:49,805 --> 00:23:53,495
And I do think there are legitimate
questions of can technology, especially
410
00:23:53,495 --> 00:23:56,435
predictive LLM type technologies.
411
00:23:59,975 --> 00:24:00,335
Yeah.
412
00:24:05,145 --> 00:24:09,165
Like the, there's been a complete
lack of enforcement with respect
413
00:24:09,165 --> 00:24:10,995
to generative AI and mm-hmm.
414
00:24:11,235 --> 00:24:12,645
What it's delivering.
415
00:24:13,275 --> 00:24:20,475
And, um, it would be a PR nightmare
for the bar to go try to enforce.
416
00:24:21,015 --> 00:24:24,105
And, uh, I've had this debate with
somebody on a LinkedIn thread.
417
00:24:24,195 --> 00:24:24,675
Um.
418
00:24:25,635 --> 00:24:27,885
They, they have done this in the past.
419
00:24:27,885 --> 00:24:29,115
They have gone after.
420
00:24:29,505 --> 00:24:33,795
But I think what's different about this
time is the ubiquity of the technology.
421
00:24:33,795 --> 00:24:33,885
Mm-hmm.
422
00:24:34,155 --> 00:24:35,565
It's not an isolated case.
423
00:24:35,925 --> 00:24:38,805
It would be very unpopular.
424
00:24:39,389 --> 00:24:47,189
For if a group of well-to-do, you know,
or, or, or a industry group representing
425
00:24:47,189 --> 00:24:52,050
a bunch of, well-to-do lawyers, decided
to go attack chat, GPT, you know,
426
00:24:52,050 --> 00:24:57,090
open AI and anthropic and these model
providers because of, and, and further
427
00:24:57,090 --> 00:25:00,570
limit access, I think there would be
pitchforks and torches if that happened.
428
00:25:00,810 --> 00:25:01,080
Right.
429
00:25:01,274 --> 00:25:03,659
And I, and I think that's part
of it too, when you get into
430
00:25:03,659 --> 00:25:05,189
the political aspect of it.
431
00:25:05,940 --> 00:25:10,620
You're, if you go after an individual,
the individual is gonna be enjoined to
432
00:25:10,620 --> 00:25:14,790
open AI or philanthropic or whatever
The large language model provider was,
433
00:25:14,790 --> 00:25:19,620
was using this, and so now there's
big money That's also then attached to
434
00:25:19,980 --> 00:25:24,870
this in what I would call industrial
revolution, is AI industrial revolution
435
00:25:24,870 --> 00:25:26,685
that's occurring right now for which.
436
00:25:27,379 --> 00:25:31,010
You know, the Biden administration and
the current administration have, you
437
00:25:31,010 --> 00:25:35,600
know, adjusted policies, recognizing
that it's strategically important for us
438
00:25:35,600 --> 00:25:41,270
to control computing power and to have
the energy and the water and everything
439
00:25:41,270 --> 00:25:46,280
else to be able to scale up massively
large data centers to win the ai.
440
00:25:47,129 --> 00:25:51,689
Revolution if you'll, so I think there's
a lot of things like that that are playing
441
00:25:51,780 --> 00:25:57,270
together and harmonizing where, you know,
in my, the next article that I'm, uh,
442
00:25:57,300 --> 00:26:02,610
just submitted is really about how UPL is
bending right now under the, the physical
443
00:26:02,610 --> 00:26:05,129
pressure of all these forces right now.
444
00:26:05,129 --> 00:26:06,429
And that's the thing
that's gonna have to give.
445
00:26:07,575 --> 00:26:08,175
Hundred percent.
446
00:26:08,175 --> 00:26:08,415
Yeah.
447
00:26:08,415 --> 00:26:11,025
I think especially with
this administration there,
448
00:26:11,085 --> 00:26:12,645
it would be very difficult.
449
00:26:13,035 --> 00:26:17,565
There, there's a lot of headwinds
towards enforcement around that.
450
00:26:18,225 --> 00:26:25,035
Um, so, you know, we, we, there are
a lot of what I see as, as headwinds
451
00:26:26,200 --> 00:26:28,905
for firms, especially in big law.
452
00:26:28,935 --> 00:26:29,140
You know, they.
453
00:26:30,360 --> 00:26:33,150
I've jokingly called, and I
didn't make this term up, but
454
00:26:33,180 --> 00:26:34,620
you know, big law is hotel.
455
00:26:34,770 --> 00:26:36,030
It's a hotel for lawyers.
456
00:26:36,150 --> 00:26:36,240
Yeah.
457
00:26:36,510 --> 00:26:41,220
Um, you know, the, the lateral
mobility and, you know, the ability
458
00:26:41,220 --> 00:26:45,630
for a, a lawyer to take his book
of business with him or her across
459
00:26:45,630 --> 00:26:48,330
the street is, is somewhat unique.
460
00:26:48,330 --> 00:26:52,500
Like, um, it doesn't exist in most
other industries, but because of the
461
00:26:52,500 --> 00:26:56,160
A BA rules that, um, require that.
462
00:26:56,925 --> 00:26:59,595
That lawyers act in the best
interest of their clients.
463
00:26:59,835 --> 00:27:05,205
They, the, the firm really can't lay
claim to those relationships, and they
464
00:27:05,415 --> 00:27:07,274
most often go with the lawyers, right?
465
00:27:07,274 --> 00:27:11,415
But that cre, that creates headwinds
for capital investment, right?
466
00:27:11,415 --> 00:27:16,425
So if I'm not, if I'm not invested
even as a partner, if I'm not invested
467
00:27:16,845 --> 00:27:23,835
fully in my relationship with this
law firm and there's a capital.
468
00:27:24,405 --> 00:27:29,865
Expense or investment that needs to
be made, I'm not likely to vote on it.
469
00:27:29,865 --> 00:27:31,905
I don't know if I'm gonna
be here in three years.
470
00:27:31,910 --> 00:27:32,355
Right, right.
471
00:27:32,355 --> 00:27:37,155
I mean, how do you see the, how
do you see that dynamic impacting
472
00:27:37,155 --> 00:27:40,754
firm's ability to like make big
investments in things like tech?
473
00:27:41,175 --> 00:27:41,595
Right.
474
00:27:41,835 --> 00:27:45,015
Well, being in South Florida right now,
I think about hurricanes a little bit.
475
00:27:45,015 --> 00:27:48,315
And you know, if the wind blows in
the right direction and just the
476
00:27:48,315 --> 00:27:52,005
right way, it can knock and find
the vulnerability in the structure.
477
00:27:52,005 --> 00:27:54,705
And I think that if
you think of law firms.
478
00:27:55,605 --> 00:27:56,745
As structure.
479
00:27:56,985 --> 00:28:00,705
I think there are some ways that the wind
can blow that could be pretty dangerous.
480
00:28:00,975 --> 00:28:04,514
And you know, I just was
reading, uh, somebody noted I
481
00:28:04,514 --> 00:28:05,774
was talking about somebody Dr.
482
00:28:05,835 --> 00:28:11,475
This morning and, um, you know, they
basically acquired 24 partners from, uh,
483
00:28:11,625 --> 00:28:14,325
uh, McDermott Will, uh, in the last week.
484
00:28:15,040 --> 00:28:18,760
And one of the attorneys, one of
the articles I was reading about
485
00:28:18,760 --> 00:28:23,080
it afterwards was mentioning that
Decker's a good platform for them.
486
00:28:23,439 --> 00:28:28,000
Um, which I think really kind of speaks
to the hoteling and the, the power that
487
00:28:28,000 --> 00:28:33,010
the attorneys have over the platform of
the shell that that enables them to work
488
00:28:33,010 --> 00:28:34,929
together and provides that infrastructure.
489
00:28:34,929 --> 00:28:38,679
So I think there is a
potential that law firms.
490
00:28:38,935 --> 00:28:41,935
If the wind blows in a particular
direction, you know, you could
491
00:28:41,935 --> 00:28:46,135
see more firms start to, you
know, unwind if you will.
492
00:28:46,495 --> 00:28:51,235
It's a result of, you know, changes
with AI and technology and rethinking
493
00:28:51,655 --> 00:28:55,405
structures, and who should do what work
and what work really requires advice.
494
00:28:56,475 --> 00:28:56,745
Yeah.
495
00:28:56,745 --> 00:29:01,425
You know, there was the McGlinchy uh,
wind down that was announced recently.
496
00:29:01,425 --> 00:29:01,514
Mm-hmm.
497
00:29:01,905 --> 00:29:05,564
And I'm, I don't know, is that a,
is that a canary in the coal mine?
498
00:29:05,564 --> 00:29:12,044
We didn't, they didn't, you know, no, no
reasons were that I saw were disclosed
499
00:29:12,044 --> 00:29:15,195
publicly as to the motivation for it.
500
00:29:15,199 --> 00:29:19,094
But, um, you know, by, and, and
they were outside the AM law.
501
00:29:19,155 --> 00:29:20,205
Uh, maybe, maybe.
502
00:29:21,135 --> 00:29:21,765
Attorneys.
503
00:29:21,945 --> 00:29:22,035
Mm-hmm.
504
00:29:22,545 --> 00:29:23,055
Ish.
505
00:29:23,445 --> 00:29:28,155
But you know, is that, I honestly
see that I call that mid law.
506
00:29:28,185 --> 00:29:34,545
I know many vendors it, it's smaller than
that, but for us as a segment, that's
507
00:29:34,545 --> 00:29:36,405
kind of like what we consider mid law.
508
00:29:36,885 --> 00:29:46,695
I would say that 100 to 400 attorney range
feels especially vulnerable to me because.
509
00:29:47,325 --> 00:29:51,405
I think that, um, you know, they're
not getting usually the bet the
510
00:29:51,405 --> 00:29:53,775
company, you know, matters, right?
511
00:29:53,775 --> 00:29:55,935
That's going to the mostly am law firms.
512
00:29:56,655 --> 00:30:01,545
There's a, they have fewer
resources and capabilities, right?
513
00:30:01,545 --> 00:30:04,845
They don't have the same,
you know, big KM teams.
514
00:30:04,845 --> 00:30:07,515
In fact, most don't have KM teams at all.
515
00:30:08,055 --> 00:30:12,525
Um, and they have less partner capital.
516
00:30:12,795 --> 00:30:14,625
To, to deploy.
517
00:30:14,805 --> 00:30:18,705
I don't know, but some people disagree
with me on this, but, uh, I think there's
518
00:30:18,705 --> 00:30:20,025
a lot, a lot of ways to look at it.
519
00:30:20,025 --> 00:30:23,355
But I think on, on the smaller
end of the spectrum, you know,
520
00:30:23,355 --> 00:30:25,215
it's, uh, they're speedboats.
521
00:30:25,215 --> 00:30:28,905
They have the ability to pivot quickly
and try new things and take risks.
522
00:30:29,475 --> 00:30:33,255
And then at the top of the market,
uh, yeah, they're big oil tankers,
523
00:30:33,435 --> 00:30:35,505
but they also have a lot of resources.
524
00:30:35,505 --> 00:30:37,945
So it feels like the
middle of the market might.
525
00:30:38,700 --> 00:30:42,810
Might have more challenges with
a tech in a tech transformation.
526
00:30:42,810 --> 00:30:43,830
Is that how you view it?
527
00:30:45,705 --> 00:30:50,025
I'm not sure how much the tech
piece really is the factor.
528
00:30:50,560 --> 00:30:53,205
I, I tend to think of it
from a client perspective and
529
00:30:53,205 --> 00:30:54,735
define the market that way.
530
00:30:55,065 --> 00:30:59,235
So using, using the analogy of tax
and accounting, since I haven't been
531
00:30:59,235 --> 00:31:03,975
exclusively in, in law my entire career,
I spent a decent amount of time there.
532
00:31:03,975 --> 00:31:05,805
And accounting firms, you have the.
533
00:31:13,515 --> 00:31:16,155
Of serving multinational corporations.
534
00:31:16,545 --> 00:31:19,305
Then, you know, it's been a little
while since I've looked at the
535
00:31:19,305 --> 00:31:23,805
numbers, but the next 30 or so
are really national in scope.
536
00:31:23,835 --> 00:31:28,695
They're here to serve the
needs, the US domestic needs of.
537
00:31:29,415 --> 00:31:33,135
You know, a national company or the
US domestic needs of a corporation.
538
00:31:33,495 --> 00:31:36,345
And then you get below that and
you start to get into regionals.
539
00:31:36,405 --> 00:31:40,905
And regionals have been bought up
by others that are trying to expand
540
00:31:40,905 --> 00:31:44,385
their national footprint, and it's
kind of like an hourglass model.
541
00:31:44,385 --> 00:31:47,505
When you look at the total
number of accountants you've got.
542
00:31:47,689 --> 00:31:49,460
A lot at the high end of the market.
543
00:31:49,700 --> 00:31:53,030
Then you have this narrow area, like
an hour class, and then you go down
544
00:31:53,030 --> 00:31:56,210
and you have the smaller ones that are
dealing with local, small businesses
545
00:31:56,210 --> 00:31:59,870
that really are never gonna work
outside of, you know, uh, Columbus,
546
00:31:59,870 --> 00:32:02,540
Ohio, or Tallahassee, Florida.
547
00:32:02,540 --> 00:32:04,879
It's just, that's, that's
kind of where they're at.
548
00:32:05,149 --> 00:32:09,679
So I look at it that way, and I
think these mid law regional firms
549
00:32:09,679 --> 00:32:14,149
like McGlinchy have, you know, as
long as things are relatively static
550
00:32:14,149 --> 00:32:16,010
in their market and who they serve.
551
00:32:16,455 --> 00:32:21,495
They're gonna be okay, but you, you
know, look at Walmart, look at, look
552
00:32:21,495 --> 00:32:26,445
at the consolidation across, you
know, international organizations,
553
00:32:26,895 --> 00:32:31,305
retail, manufacturing, you know
the number of companies that are
554
00:32:31,305 --> 00:32:32,955
that kind of regional kind of.
555
00:32:33,020 --> 00:32:34,700
Footprint, I think are shrinking.
556
00:32:34,700 --> 00:32:36,650
I think that's the real issue.
557
00:32:36,650 --> 00:32:40,160
And when that happens, then you have
to take your speedboat and decide how
558
00:32:40,160 --> 00:32:44,540
do you leverage the strengths of your
speedboat and find out can you be more
559
00:32:44,540 --> 00:32:48,650
effective at transactional work and
pivot and give more, you know, uh,
560
00:32:48,680 --> 00:32:52,639
focused customer service to those,
or do you know the court system.
561
00:32:52,935 --> 00:32:57,915
Exceptionally well so that any big law
firm that's gonna go to San Antonio and
562
00:32:57,915 --> 00:33:02,385
has to, you know, plead a case, is gonna
come to you to help because you're the
563
00:33:02,385 --> 00:33:04,544
ones that know the courts in San Antonio.
564
00:33:04,935 --> 00:33:09,375
Um, those are the sorts of things that
I think, you know, strategically mid law
565
00:33:09,375 --> 00:33:10,965
firms are gonna need to think through.
566
00:33:11,235 --> 00:33:13,784
They're probably gonna wanna be
fast followers on technology.
567
00:33:13,784 --> 00:33:16,605
I would let big law do the learning.
568
00:33:17,595 --> 00:33:21,765
Organized in teacher IT department,
in the rescue firm to be
569
00:33:21,765 --> 00:33:23,805
understanding what works and why.
570
00:33:24,105 --> 00:33:28,995
Is it, you know, is it the optics and
politics of saying, Hey, look, look, we've
571
00:33:28,995 --> 00:33:33,885
got Lara or rv, or you know, look what
we did with, with, um, uh, co-counsel.
572
00:33:34,815 --> 00:33:39,945
Or is it something where there's like
legitimate value and, and be prepared
573
00:33:39,945 --> 00:33:42,045
to deploy successful solutions quickly?
574
00:33:43,515 --> 00:33:43,695
Yeah.
575
00:33:43,695 --> 00:33:46,665
If you're in the speedboat, stay
away from the coast of Venezuela.
576
00:33:49,005 --> 00:33:50,175
Things could end badly.
577
00:33:50,625 --> 00:33:51,615
Um, yeah.
578
00:33:51,615 --> 00:33:54,645
You know, it's, and, and the, the
account, that's a really good, I, I
579
00:33:54,645 --> 00:33:58,245
think that, you know, the consulting
slash accounting world is the
580
00:33:58,245 --> 00:34:00,255
closest adjacent industry to legal.
581
00:34:00,255 --> 00:34:00,375
Mm-hmm.
582
00:34:00,795 --> 00:34:02,415
And vastly different.
583
00:34:03,030 --> 00:34:04,110
Dynamics there.
584
00:34:04,200 --> 00:34:10,170
Uh, in terms of, you know, the big four
combined revenue is about 240 billion.
585
00:34:10,710 --> 00:34:15,449
Um, if you add up all of the revenue,
the AMLO 100, it's about 160 billion.
586
00:34:15,449 --> 00:34:15,540
Mm-hmm.
587
00:34:15,870 --> 00:34:17,880
That's basically Deloitte and ey.
588
00:34:18,779 --> 00:34:19,049
Right.
589
00:34:19,049 --> 00:34:23,489
Two firms equal the revenue of a
hundred law of the top 100 law firms.
590
00:34:23,819 --> 00:34:24,060
Right.
591
00:34:24,060 --> 00:34:27,120
And um, if you look at, you
know, there's the big four and
592
00:34:27,120 --> 00:34:32,040
everybody else, I think it's Grant
Thornton is single digits, right.
593
00:34:32,100 --> 00:34:35,549
KPMG's at the bottom of
the big four at 45 billion.
594
00:34:35,939 --> 00:34:41,100
And then, um, grant Thornton, I
think is Thor ddo, rsm, glads type.
595
00:34:41,909 --> 00:34:42,149
Yeah.
596
00:34:42,149 --> 00:34:43,859
All single digit billion.
597
00:34:43,859 --> 00:34:47,879
So it's like I could
see the market moving.
598
00:34:48,435 --> 00:34:54,194
That way in terms of, you know, and
the, the, the biggest players in the
599
00:34:54,194 --> 00:34:58,035
space, and I guess, you know, the, the,
that mid tier two, the Grant Thorntons
600
00:34:58,035 --> 00:34:59,265
of the world, they do this also.
601
00:34:59,265 --> 00:35:02,865
It's, you know, it's tax
advisory and consulting.
602
00:35:03,075 --> 00:35:03,404
Yes.
603
00:35:03,495 --> 00:35:04,484
Um, right.
604
00:35:04,484 --> 00:35:09,225
It's not just a single, um, it's
not just a single focus, or, I'm
605
00:35:09,225 --> 00:35:11,625
sorry, audit, tax advisory and audit.
606
00:35:11,625 --> 00:35:11,714
Right.
607
00:35:12,075 --> 00:35:12,495
Um.
608
00:35:13,410 --> 00:35:13,620
Yeah.
609
00:35:13,620 --> 00:35:13,920
I don't know.
610
00:35:13,920 --> 00:35:17,910
Do you see, I, I feel like the, the
market is right for consolidation.
611
00:35:17,910 --> 00:35:20,339
Do you, do you feel that it is,
612
00:35:23,910 --> 00:35:27,990
I don't know how much it's gonna
consolidate in big law at this point,
613
00:35:28,500 --> 00:35:30,120
but I do think that mid law is.
614
00:35:30,600 --> 00:35:33,810
Get squeezed a little bit more and they're
gonna have to figure out how to focus.
615
00:35:33,810 --> 00:35:38,040
And if they can't focus, maybe
they become the San Antonio or
616
00:35:38,220 --> 00:35:43,830
you know, south Texas, you know,
regional arm of an AM law 200 firm.
617
00:35:44,160 --> 00:35:45,720
I think those things will happen.
618
00:35:45,720 --> 00:35:48,480
So I definitely think there'll be
consolidation from that standpoint.
619
00:35:48,870 --> 00:35:52,230
Um, I also think that, that
there's the bigger forces of
620
00:35:52,230 --> 00:35:53,670
things moving in-house too.
621
00:35:53,700 --> 00:35:57,840
So that's, you know, that's another
area where if more work goes in, and I'm
622
00:35:57,840 --> 00:35:59,790
even hearing of a, you know, handful.
623
00:36:00,009 --> 00:36:03,819
You know, larger corporations, bringing
some in-house litigators in, which I
624
00:36:03,819 --> 00:36:07,750
thought was very interesting because
to me that's very bespoke and something
625
00:36:07,750 --> 00:36:09,279
where, you know, it's a distraction.
626
00:36:09,279 --> 00:36:12,700
You're getting sued, don't, you
know, to the point of distractions,
627
00:36:12,970 --> 00:36:14,080
that's not something you wanna do.
628
00:36:14,080 --> 00:36:16,990
But if you have enough of
it, it's repeatable that you
629
00:36:16,990 --> 00:36:18,910
can handle that in-house.
630
00:36:18,910 --> 00:36:19,690
Maybe you do.
631
00:36:19,750 --> 00:36:23,799
So those are some of the, the factors
that I think are, are very intriguing.
632
00:36:23,799 --> 00:36:27,100
And there's some interesting
facet, like with.
633
00:36:28,590 --> 00:36:35,100
P, W, C and E both in in the accounting
space when work kept going inhouse
634
00:36:35,100 --> 00:36:39,540
and in-house and inhouse for tax
work, which trend for decades.
635
00:36:40,650 --> 00:36:43,320
PWC bought GEs tax departments.
636
00:36:43,770 --> 00:36:43,830
Yeah.
637
00:36:44,850 --> 00:36:49,710
And ENY bought Duke Energy's tax
department and basically said, you know,
638
00:36:49,740 --> 00:36:51,540
we'll, we'll take care of all your issues.
639
00:36:51,540 --> 00:36:54,390
We'll do it for less money and we'll do
it better than what you could do inhouse.
640
00:36:54,390 --> 00:36:57,180
And they onboarded those, those
people and they got rebadged,
641
00:36:57,180 --> 00:36:59,700
this PWC or EY employees.
642
00:37:00,060 --> 00:37:04,560
I think one of the very interesting
things, it's like a, um, a follow
643
00:37:04,560 --> 00:37:08,370
on force that may play through
here is what's stopping an AM law.
644
00:37:09,135 --> 00:37:13,905
Hundred firm from going and approaching
one of their larger clients and saying,
645
00:37:13,905 --> 00:37:17,385
look, you got 150 in-house attorneys here.
646
00:37:17,925 --> 00:37:20,115
We'll take that over for you.
647
00:37:20,625 --> 00:37:24,405
We'll guarantee that we'll
cut your expenses for 20%.
648
00:37:24,900 --> 00:37:29,040
Based on your projections for the next
five years, um, and will just be your
649
00:37:29,040 --> 00:37:30,960
outsourced legal department in total.
650
00:37:31,290 --> 00:37:35,370
Um, I think that would be a very
provocative and interesting thing to see
651
00:37:35,400 --> 00:37:39,270
play out, especially as the law firms
start to figure out how to separate the
652
00:37:39,270 --> 00:37:43,020
managed services and the information
side of things from the advice.
653
00:37:43,560 --> 00:37:46,980
Um, I think if too much work
goes in-house, I could see that
654
00:37:46,980 --> 00:37:50,310
sort of thing playing out, you
know, as a, a kind of pause.
655
00:37:50,655 --> 00:37:54,705
Um, because there's, there's political
and there's personal implications to
656
00:37:54,705 --> 00:37:56,565
those things, not just the economics.
657
00:37:57,690 --> 00:37:58,080
Yeah.
658
00:37:58,080 --> 00:38:02,130
You know, um, and another, I
think maybe for opposing force to
659
00:38:02,130 --> 00:38:07,560
consolidation is law firms don't scale
very well, which is why, you know,
660
00:38:07,650 --> 00:38:09,900
we have k and e at the top at mm-hmm.
661
00:38:10,140 --> 00:38:11,340
Eight and a half billion.
662
00:38:11,490 --> 00:38:14,850
And that wouldn't even qualify you to be
in the Fortune 500 if you were public.
663
00:38:14,850 --> 00:38:14,940
Right.
664
00:38:15,660 --> 00:38:18,540
They don't scale very well
because of the bespoke nature
665
00:38:18,990 --> 00:38:20,970
and the lack of consistency.
666
00:38:21,630 --> 00:38:22,650
Um, and the.
667
00:38:23,205 --> 00:38:30,195
Um, increased lateral mobility of
partners and it's just a hard business
668
00:38:30,615 --> 00:38:34,365
to scale when everything is bespoke.
669
00:38:34,365 --> 00:38:39,945
But what we're, there is a large
tranche of legal work that is
670
00:38:40,635 --> 00:38:47,295
going to move to a FA and once that
happens, so it's about 20% right now.
671
00:38:47,775 --> 00:38:51,525
Um, I could see that getting
into the mid forties.
672
00:38:52,334 --> 00:38:53,354
Uh, over time.
673
00:38:53,685 --> 00:38:53,834
Right?
674
00:38:53,834 --> 00:38:58,604
And once that happens, then
efficiency is really gonna be a focus.
675
00:38:58,935 --> 00:39:02,444
And when that happens, these law firms
are gonna have to operate differently, and
676
00:39:02,444 --> 00:39:05,595
then economies of scale may materialize.
677
00:39:05,595 --> 00:39:05,654
Yeah.
678
00:39:05,774 --> 00:39:06,435
Would you agree?
679
00:39:07,064 --> 00:39:07,245
Yeah.
680
00:39:07,245 --> 00:39:11,745
I think that's the real critical question,
is these managed services organizations,
681
00:39:11,745 --> 00:39:13,439
how labor intensive are they?
682
00:39:14,180 --> 00:39:15,600
If if they are.
683
00:39:16,365 --> 00:39:22,065
Minimally labor intensive and you can get,
you know, a, a task to be 90% automated
684
00:39:22,185 --> 00:39:25,125
with technology and 10% with, with staff.
685
00:39:25,455 --> 00:39:27,435
I think you can get economies of scale.
686
00:39:27,495 --> 00:39:32,685
It gets 50 50 or, or there's a limit
in terms of how much you can do with
687
00:39:32,685 --> 00:39:37,694
technology and then to get the next,
you know, the next, uh, client or
688
00:39:37,694 --> 00:39:40,845
to do the next, uh, batch of work.
689
00:39:41,085 --> 00:39:41,355
It's.
690
00:39:42,060 --> 00:39:46,379
It's gonna another person, whether
you're a 50 person managed services
691
00:39:46,379 --> 00:39:51,540
firm, or a 50,000 person managed services
firm, then it becomes something where
692
00:39:51,540 --> 00:39:56,069
the barriers to entry are low and
you could have others play through.
693
00:39:56,160 --> 00:40:00,839
But I do feel that, you know,
just like the PWCs are so
694
00:40:00,990 --> 00:40:02,460
large that you know the big.
695
00:40:02,880 --> 00:40:07,230
Big four or big, um, you know,
could you see a roll up of managed
696
00:40:07,230 --> 00:40:11,910
services organizations where you end
up with, uh, you know, uh, some of
697
00:40:11,910 --> 00:40:16,050
those consolidating in such a way
that they do actually leverage scale
698
00:40:16,320 --> 00:40:20,010
even if scaling isn't perfect and
there is a, a labor component to it.
699
00:40:21,404 --> 00:40:21,855
Yeah.
700
00:40:21,855 --> 00:40:26,384
I, man, I, I really feel like the
liberalization movement is going
701
00:40:26,384 --> 00:40:28,544
to get traction here in the us.
702
00:40:28,575 --> 00:40:28,634
Yeah.
703
00:40:29,055 --> 00:40:32,924
You know, we've, we've seen some
capitulation like in Utah with their
704
00:40:32,924 --> 00:40:36,134
sandbox, Arizona is still going strong.
705
00:40:36,734 --> 00:40:41,984
Um, I feel like that is an
inevitability and there's still
706
00:40:41,984 --> 00:40:44,085
a lot of resistance to it today.
707
00:40:44,565 --> 00:40:48,194
I actually think that will
shift as well, because.
708
00:40:49,335 --> 00:40:55,005
As, as firms have to invest more in
tech, both in people, in, you know, the
709
00:40:55,005 --> 00:40:59,265
technology and infrastructure itself,
they're going to need to be able to pull.
710
00:41:00,314 --> 00:41:04,634
Talent from the Silicon Valley, you know,
the Amazons and the Metas of the world.
711
00:41:04,904 --> 00:41:10,064
How do you do that in a, in a, in a world
where stock options are, are customary?
712
00:41:10,125 --> 00:41:10,245
Yeah.
713
00:41:10,245 --> 00:41:15,015
And you can't, you can't, you
can't give stock options, um,
714
00:41:15,044 --> 00:41:16,710
to a non-lawyer in a law firm.
715
00:41:17,479 --> 00:41:20,479
So there has to, I mean, there's ways
to, you know, phantom equity and the,
716
00:41:21,049 --> 00:41:22,250
you know, things that you can do.
717
00:41:22,250 --> 00:41:26,870
But, um, I think that's a key limitation
to the, the partnership model and,
718
00:41:26,870 --> 00:41:28,729
and why things will be liberalized.
719
00:41:28,939 --> 00:41:33,229
And then the investment mechanism,
the, the MSO is, it's, it's kind
720
00:41:33,229 --> 00:41:38,120
of messy in how they, um, the
governance model that they use to
721
00:41:38,120 --> 00:41:39,504
protect their investment and what.
722
00:41:40,125 --> 00:41:44,325
Goes way in the practice side
versus the, so I don't know.
723
00:41:44,360 --> 00:41:47,895
I I, it, it feels like, what's
your take on, I mean, 'cause
724
00:41:47,895 --> 00:41:48,975
this has already happened.
725
00:41:49,245 --> 00:41:54,315
Yeah, it happened almost 20 years ago
in the UK with the Legal Services Act
726
00:41:54,675 --> 00:41:57,195
and I don't know when it happened in
Australia, but it's happened there.
727
00:41:57,195 --> 00:42:01,305
And no, there's been no massive breach of.
728
00:42:01,980 --> 00:42:02,970
Responsibility.
729
00:42:02,970 --> 00:42:05,040
There's been some bumps in the
roads, but there's been bumps
730
00:42:05,040 --> 00:42:06,960
in the roads here too, right?
731
00:42:07,230 --> 00:42:11,460
I think with ai, some of the question
is gonna be what, what is the goal of
732
00:42:11,460 --> 00:42:13,950
regulation and why did it exist before?
733
00:42:14,280 --> 00:42:18,030
Uh, which might be uncomfortable in
some situations for, you know, the,
734
00:42:18,030 --> 00:42:21,120
the legal industry to look and say,
why did we require independence?
735
00:42:21,120 --> 00:42:22,680
Why did we do all these things?
736
00:42:23,275 --> 00:42:25,705
And I think.
737
00:42:27,120 --> 00:42:30,960
I keep coming back to the
DNA of innovation in America.
738
00:42:31,290 --> 00:42:36,300
You know, we have been an act first,
regulate second, you know, type of,
739
00:42:36,420 --> 00:42:39,120
um, country and mentality for forever.
740
00:42:39,510 --> 00:42:43,230
Um, whether that was, you know,
Rockefeller getting blocked
741
00:42:43,230 --> 00:42:43,975
from being able to ship.
742
00:42:44,550 --> 00:42:49,500
Kerosene and oil, you know, to his
refineries or to the destinations.
743
00:42:49,500 --> 00:42:53,310
And he just started building
pipelines, you know, uh, no, no
744
00:42:53,310 --> 00:42:54,750
consideration of anything else.
745
00:42:54,750 --> 00:42:56,310
And then regulation comes later.
746
00:42:56,550 --> 00:43:00,420
Or if it's, you know, more recently
with Uber, you know, Uber didn't
747
00:43:00,420 --> 00:43:03,780
stop and wait and raise their hand
and say, Hey, can we have permission
748
00:43:03,780 --> 00:43:05,395
to, you know, like pick up people.
749
00:43:06,355 --> 00:43:09,145
In New York City, it, it kind
of competes with the taxi
750
00:43:09,145 --> 00:43:10,405
medallion system or whatever.
751
00:43:10,405 --> 00:43:11,665
No, they just went and did it.
752
00:43:12,115 --> 00:43:15,895
And, you know, when there was a
groundswell of popular, you know,
753
00:43:15,895 --> 00:43:20,665
adoption and approval of the service,
you know, the regulators had to
754
00:43:20,665 --> 00:43:22,645
respond and they were being reactive.
755
00:43:22,705 --> 00:43:24,475
And I think that's gonna
be the way it's gonna be.
756
00:43:24,475 --> 00:43:27,370
Even with, with these
sorts of changes with DPL.
757
00:43:27,930 --> 00:43:30,120
And, you know, more, more broadly.
758
00:43:30,120 --> 00:43:32,820
So I think that's the, the
big factor to me that's gonna
759
00:43:33,270 --> 00:43:35,070
cause this to be teased out.
760
00:43:35,070 --> 00:43:38,580
And then, you know, law firms are
gonna have that, you know, that,
761
00:43:39,720 --> 00:43:43,320
that challenge of managed services
or corporations doing things.
762
00:43:43,320 --> 00:43:47,670
And there's gonna have to be a little
bit more thought on what is legal
763
00:43:47,670 --> 00:43:50,100
advice, what is the appropriate way to.
764
00:43:51,570 --> 00:43:55,530
To manage and organize, to be able
to take advantage of capital, to
765
00:43:55,530 --> 00:43:59,760
be able to separate things out that
are going to be easily substituted
766
00:43:59,760 --> 00:44:04,080
with technology and where is the
legal advice that really needs to be
767
00:44:04,080 --> 00:44:06,690
protected and is distinctly human.
768
00:44:07,920 --> 00:44:08,340
Yeah.
769
00:44:08,550 --> 00:44:09,900
You know what's interesting is.
770
00:44:10,935 --> 00:44:17,835
Europe is largely in the uk, are largely
regulation first and they've, they
771
00:44:17,835 --> 00:44:19,875
liberalized, uh, the legal market.
772
00:44:19,875 --> 00:44:19,935
Yeah.
773
00:44:20,115 --> 00:44:21,315
Almost 20 years ago.
774
00:44:21,645 --> 00:44:21,915
Right?
775
00:44:22,755 --> 00:44:27,105
So why are we still holding
on to this antiquated model?
776
00:44:27,945 --> 00:44:30,675
Um, yeah, it's a head scratcher.
777
00:44:31,200 --> 00:44:34,350
I mean, I have to be careful 'cause I'm
looking at this more from the systems
778
00:44:34,350 --> 00:44:35,820
perspective because I'm not a lawyer.
779
00:44:35,820 --> 00:44:35,910
Mm-hmm.
780
00:44:36,720 --> 00:44:40,320
But just trying to look at it and
understand I, you know, I look at it
781
00:44:40,320 --> 00:44:43,650
and say, there's pressures here that
are gonna push this over the edge.
782
00:44:43,650 --> 00:44:49,110
And, and it'll probably be more about
non-enforcement, except in areas
783
00:44:49,110 --> 00:44:52,590
where there are a clear, you know, if
somebody's misrepresenting themselves and
784
00:44:52,590 --> 00:44:54,420
saying, Hey, I'm an attorney, trust me.
785
00:44:54,780 --> 00:44:59,040
Um, you know, those things will
continue to be clearly out of bounds.
786
00:44:59,759 --> 00:45:02,490
But I think that we're gonna have
to figure out where's the steady
787
00:45:02,490 --> 00:45:05,910
state and let's supply and demand
and creativity and innovation.
788
00:45:06,330 --> 00:45:09,900
Figure out where the edges are and
then regulate around those new edges.
789
00:45:10,770 --> 00:45:11,220
Yeah.
790
00:45:11,250 --> 00:45:11,580
Okay.
791
00:45:11,580 --> 00:45:14,009
Well, you said something, we're
almost outta time, but I wanted
792
00:45:14,009 --> 00:45:18,330
to touch on this one last topic,
which is value-based pricing.
793
00:45:18,330 --> 00:45:19,950
And you said supply and demand and mm-hmm.
794
00:45:20,190 --> 00:45:23,130
Uh, there's a relationship there that I
think doesn't get talked about enough.
795
00:45:23,730 --> 00:45:25,200
You know, I've, I've, I've heard it.
796
00:45:25,815 --> 00:45:29,775
Time and time again that value-based
pricing is the answer to this
797
00:45:30,525 --> 00:45:35,325
AI conundrum and like that's
not the end of the conversation.
798
00:45:35,325 --> 00:45:37,065
That's the beginning of the conversation.
799
00:45:37,335 --> 00:45:37,425
Sure.
800
00:45:37,425 --> 00:45:39,570
Because actually value-based
pricing is still.
801
00:45:40,365 --> 00:45:42,645
Subject to the laws of supply and demand.
802
00:45:42,915 --> 00:45:46,694
In other words, you can't say,
well, I this, you know, I, I've
803
00:45:46,694 --> 00:45:49,334
used this example in the podcast
before, but I think it's a good one.
804
00:45:49,725 --> 00:45:54,584
I had a, uh, I had a leak in a sewer
pipe in a wall in my basement, and
805
00:45:54,944 --> 00:46:00,705
the plumbing company came out and
gave me a quote, a flat fee to fix it.
806
00:46:01,004 --> 00:46:01,814
And it was about.
807
00:46:02,205 --> 00:46:06,734
I don't know, $2,500 and they did that.
808
00:46:06,825 --> 00:46:12,314
I'm assuming based on a cost calculation
and some sort of margin that they had
809
00:46:12,314 --> 00:46:17,625
built in, at no time did they say, well,
you know, the value of this sewer pipe
810
00:46:17,625 --> 00:46:22,350
not leaking into your basement is worth
$40,000, so I'm gonna charge you 10.
811
00:46:23,295 --> 00:46:26,235
The reason that they didn't do that is
because they know I'll pick up the phone
812
00:46:26,235 --> 00:46:30,735
and call another plumber who'll come out
and give me a more reasonable approach.
813
00:46:30,735 --> 00:46:31,035
Right?
814
00:46:31,035 --> 00:46:38,565
So we can't just like, as, uh, try to
attack, get fi fixated on a percentage
815
00:46:38,565 --> 00:46:41,925
of the value delivered because
you still have, we still have the
816
00:46:41,925 --> 00:46:44,565
competitive dynamics in the marketplace.
817
00:46:44,925 --> 00:46:45,465
So, I don't know.
818
00:46:45,465 --> 00:46:49,395
What is your, what are your
thoughts on value-based pricing
819
00:46:49,425 --> 00:46:51,735
and how we go about attacking that?
820
00:46:52,795 --> 00:46:57,464
I. I would add one thing to your analogy,
which is the do it yourself angle, which
821
00:46:57,464 --> 00:47:01,154
if you had the tools and you were willing
to go out and, you know, get the right
822
00:47:01,154 --> 00:47:05,805
acetylene, blow torch and you knew how
to do things, that's another substitute.
823
00:47:06,345 --> 00:47:10,904
I think of things from, uh, Michael
Porter, who was a Harvard professor.
824
00:47:10,904 --> 00:47:15,645
Uh, and he had a, a model called Porter's
Model, which basically looked at the basic
825
00:47:15,825 --> 00:47:21,794
relative power of, of suppliers and you
know, and the buying power of the buyers.
826
00:47:22,125 --> 00:47:22,694
And then.
827
00:47:22,960 --> 00:47:26,410
One of the key things with new entrance
into the market and then substitutes.
828
00:47:26,410 --> 00:47:31,660
So I look at this and say a lot of this
is going to be driven from a cost basis
829
00:47:31,720 --> 00:47:34,000
when a corporation can do work in-house.
830
00:47:34,300 --> 00:47:38,680
So if you can do it yourself
in-house and do that reliably,
831
00:47:38,680 --> 00:47:43,300
and it's not a distraction that
undermines value-based pricing, um.
832
00:47:43,795 --> 00:47:46,855
I think another angle on it, because
I think one of the best areas where
833
00:47:46,855 --> 00:47:51,565
there is value-based pricing is, you
know, going to a, uh, a white shoe
834
00:47:51,565 --> 00:47:56,305
law firm or a, you know, a big law
firm to do a big m and a transaction.
835
00:47:56,755 --> 00:47:59,725
Nobody cares what the expense was.
836
00:47:59,725 --> 00:48:04,705
If it's within a benchmark, uh, for
the actual legal fees to complete the
837
00:48:04,705 --> 00:48:09,385
acquisition of a company, they just wanna
know that the acquisition was successful
838
00:48:09,385 --> 00:48:10,885
and that it didn't get screwed up.
839
00:48:11,940 --> 00:48:15,210
Concerned about, well, we, we spent too
much money here and went over budget.
840
00:48:15,630 --> 00:48:19,380
Um, and one of the reasons is because
that's the value is insurance.
841
00:48:19,560 --> 00:48:23,010
You know, you, you've got the best
minds working on this to make sure
842
00:48:23,010 --> 00:48:24,960
that the deal doesn't go sideways.
843
00:48:25,290 --> 00:48:28,710
Um, my question is what if technology.
844
00:48:29,520 --> 00:48:34,380
Go through and provide a better
demonstrable outcome where, or a
845
00:48:34,380 --> 00:48:38,880
transaction where you end up with,
you know, fewer holdbacks, um,
846
00:48:39,090 --> 00:48:43,500
better, more sound due diligence
than what you can get from a big law.
847
00:48:43,500 --> 00:48:45,690
Does that take away the insurance aspect?
848
00:48:45,690 --> 00:48:49,410
And then all of a sudden
there's a different competition
849
00:48:49,440 --> 00:48:51,660
for what is defined as value.
850
00:48:51,660 --> 00:48:55,920
And, you know, it becomes the
standard of what a technology enabled.
851
00:48:56,270 --> 00:49:00,500
Firm can do that's more effective
than just the, you know, the brand
852
00:49:00,500 --> 00:49:02,090
name that you're willing to pay for.
853
00:49:03,170 --> 00:49:07,490
Yeah, that's, that's a really good
point about the kind of the DIY and how
854
00:49:07,490 --> 00:49:16,250
that relates also to the pricing model,
that viability in the marketplace.
855
00:49:16,250 --> 00:49:16,610
Yeah, right.
856
00:49:16,610 --> 00:49:23,970
It's, it's how much, how much cost
or margin is a. Buyer willing to
857
00:49:23,970 --> 00:49:27,780
accept before they decide to pull
the work in-house and deal with
858
00:49:27,780 --> 00:49:29,850
all the inefficiencies, right?
859
00:49:29,850 --> 00:49:33,540
If you're Coca-Cola or Bank of
America, your core competency is
860
00:49:33,540 --> 00:49:36,450
not delivering legal work, right?
861
00:49:36,540 --> 00:49:41,820
Um, so you're going to be less
effective than somebody whose sole
862
00:49:41,820 --> 00:49:47,130
focus is that, but when the pain,
there is a threshold where the pain
863
00:49:47,130 --> 00:49:50,220
gets exceeds, you're gonna deal with.
864
00:49:51,390 --> 00:49:53,490
Inefficiencies of doing the work inhouse.
865
00:49:53,490 --> 00:49:54,720
So yeah, that's a really good point.
866
00:49:55,080 --> 00:49:55,230
Yeah.
867
00:49:57,150 --> 00:49:57,540
Closing.
868
00:50:04,065 --> 00:50:06,944
They need to manage their risk
from a fiduciary perspective.
869
00:50:06,944 --> 00:50:09,795
So they're gonna ask questions
about how are you using ai?
870
00:50:09,795 --> 00:50:12,555
What risk are you putting in,
introducing to my company?
871
00:50:12,884 --> 00:50:17,415
But in a law firm, answering those
questions are kind of giving the roadmap
872
00:50:17,415 --> 00:50:20,535
on the how, uh, how to do it in-house.
873
00:50:20,865 --> 00:50:26,384
And so I do think that a corporation
that's maybe very IP intensive and files
874
00:50:26,384 --> 00:50:29,865
a lot of patents, you know, they may
want to take more of that work in-house
875
00:50:29,865 --> 00:50:31,634
because it's strategic to what they do.
876
00:50:31,634 --> 00:50:34,455
Whereas another company that's,
that's a distraction because
877
00:50:34,455 --> 00:50:37,904
they, they file a patent once in
a blue moon and it's bespoke work.
878
00:50:37,904 --> 00:50:40,275
They're just gonna leave
that, you know, externally.
879
00:50:40,575 --> 00:50:42,765
So I think you're gonna see
some patterns like that where.
880
00:50:43,080 --> 00:50:47,339
You know, as more work gets automated and
the processes are figured out by the law
881
00:50:47,339 --> 00:50:52,259
firms and by the vendors like Harvey, Lara
and others, you're going to see some of
882
00:50:52,259 --> 00:50:58,620
that work then move in-house is, do you,
do you feel like some of these technology
883
00:50:59,190 --> 00:51:05,580
platforms that could be a, a Trojan
horse essentially, where, you know, um.
884
00:51:06,285 --> 00:51:11,295
They develop the know-how and the, and
the capabilities to deliver legal, legal
885
00:51:11,295 --> 00:51:16,695
work and end up, I mean, the valuations
certainly point to, they almost have
886
00:51:16,695 --> 00:51:18,465
to do that to make investors ha Yeah.
887
00:51:18,465 --> 00:51:22,965
They have to displace law firm
revenue to make their their investors.
888
00:51:23,415 --> 00:51:25,395
Hole on those valuations.
889
00:51:25,395 --> 00:51:28,365
Yeah, I think it would be foolish
not to at least go through the mental
890
00:51:28,365 --> 00:51:30,435
exercise of are they Trojan horses?
891
00:51:30,435 --> 00:51:32,265
And I'll give OpenAI as an example.
892
00:51:32,685 --> 00:51:36,134
I use OpenAI, you know,
for my contracting.
893
00:51:36,585 --> 00:51:40,035
And you know, I mean, I'll use a
lawyer if I really need to, but
894
00:51:40,305 --> 00:51:44,265
OpenAI chat, GBT will come back and
tell me, well, this is an unfair.
895
00:51:44,685 --> 00:51:45,375
Agreement.
896
00:51:45,465 --> 00:51:46,815
These are the one-sided areas.
897
00:51:46,815 --> 00:51:48,375
It will redline the areas.
898
00:51:48,375 --> 00:51:52,575
It will explain to me the legal issues
and why it's important to me, and it
899
00:51:52,575 --> 00:51:59,175
will also suggest reasons and ways to go
about negotiating those, those changes
900
00:51:59,175 --> 00:52:00,915
so that I can achieve a better outcome.
901
00:52:01,370 --> 00:52:06,440
I've never had a lawyer do that in-house
or in my personal world, do that.
902
00:52:06,440 --> 00:52:09,890
And I think that the point there is,
is that by being in the middle and
903
00:52:09,890 --> 00:52:13,100
having that big picture, you can grab
the best practices from all these
904
00:52:13,100 --> 00:52:16,850
different areas to make something
that's actually better, um, because
905
00:52:16,850 --> 00:52:18,710
you've got a broader viewpoint.
906
00:52:18,710 --> 00:52:21,920
So if Harvey and Lara are thinking
about how to serve corporates,
907
00:52:21,920 --> 00:52:25,220
which they're, um, I would think
that they're going to know those
908
00:52:25,220 --> 00:52:27,020
things and be able to, to take that.
909
00:52:27,385 --> 00:52:29,995
You know, that knowledge and build
something that might actually be
910
00:52:30,235 --> 00:52:33,745
better and more powerful than, you
know, the individual firms that
911
00:52:33,745 --> 00:52:35,125
think they've got their secret sauce.
912
00:52:35,125 --> 00:52:37,315
It's really worked very well
for them for a long time.
913
00:52:38,275 --> 00:52:39,145
That's a really good point.
914
00:52:39,685 --> 00:52:40,825
Well, we'll have to leave it there.
915
00:52:40,825 --> 00:52:42,235
It was a great conversation, Ken.
916
00:52:42,235 --> 00:52:45,655
I knew it would be, um, you've
been around the industry a long
917
00:52:45,655 --> 00:52:48,835
time and, and have just a ton of
great thought, so I appreciate.
918
00:52:49,455 --> 00:52:52,904
Spending a little time with us, how do
people find more, more about kind of what
919
00:52:52,904 --> 00:52:55,185
you do and, and, and that sort of stuff?
920
00:52:55,245 --> 00:52:55,575
Sure.
921
00:52:55,575 --> 00:52:59,685
So, uh, Ken Crutchfield on
LinkedIn, uh, spring forward
922
00:52:59,685 --> 00:53:02,234
consulting.com is my website.
923
00:53:02,234 --> 00:53:03,404
You can find me there.
924
00:53:03,795 --> 00:53:09,524
Um, but I also do articles for Bob
Ambrogi and Law Next and on Above the Law.
925
00:53:09,524 --> 00:53:13,004
So those are other areas that you
can follow me and, and see, uh,
926
00:53:13,004 --> 00:53:14,475
what I'm writing and thinking about.
927
00:53:15,405 --> 00:53:16,875
But thank you so much for having me, Ted.
928
00:53:16,875 --> 00:53:18,075
This was a great conversation.
929
00:53:18,075 --> 00:53:21,285
Really enjoyed it, loved the, the,
the flow and the ability to just
930
00:53:21,285 --> 00:53:22,575
kind of riff off of each other.
931
00:53:23,175 --> 00:53:23,715
Totally.
932
00:53:23,715 --> 00:53:23,955
Yeah.
933
00:53:23,955 --> 00:53:26,625
It was, it was, it was a, it
was a good time, for sure.
934
00:53:27,045 --> 00:53:29,655
Alright, uh, Ken, well I appreciate
your time and look forward to
935
00:53:29,655 --> 00:53:30,945
seeing you at the next event.
936
00:53:31,245 --> 00:53:32,385
Alright, very good.
937
00:53:32,475 --> 00:53:32,895
Take care.
938
00:53:33,705 --> 00:53:34,845
Alright, bye-bye bye.
939
00:53:34,935 --> 00:53:37,185
Thanks for listening to
Legal Innovation Spotlight.
940
00:53:37,725 --> 00:53:41,205
If you found value in this chat, hit
the subscribe button to be notified
941
00:53:41,205 --> 00:53:42,705
when we release new episodes.
942
00:53:43,185 --> 00:53:45,884
We'd also really appreciate it if
you could take a moment to rate
943
00:53:45,884 --> 00:53:48,555
us and leave us a review wherever
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944
00:53:49,095 --> 00:53:51,825
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