Handbook of Legal Tech
Zach Abramowitz, Josh Blandi, Cat Casey, Daniel Farris, Jan L. Jacobowitz, Natalie Anne Knowlton, Rich Lee, Colin S. Levy, Olga V. Mack, Dorna Moini, Tom Stephenson, Tony Thai, Naomi Thompson, Richard Tromans, Joshua Walker
Published: 2023
Pages: 221
eBook: 9781787429697
Edited by Colin S. Levy, a well-known legal tech influencer and advocate, Handbook of Legal Tech provides guidance from many of the leading figures within the legal tech space on the different parts of law practice being enhanced and improved by technology.
By reading and using the insights shared in this title, learn how to reconcile technology's inescapable presence with the fear of the unknown it often brings about. Edited by Colin S. Levy, a well-known legal tech influencer and advocate, Handbook of Legal Tech provides guidance from many of the leading figures within the legal tech space on the different parts of law practice being enhanced and improved by technology. Each chapter covers a key area of legal tech, including automation, contract management, blockchain, use of artificial intelligence, and legal analytics, and contains first-hand insights into the development and adoption of legal technology and actionable data around best uses for different types of legal technologies. Legal ethics and the future of legal tech are also explored.
This book is aimed at lawyers both in-house and in private practice globally who have an interest in legal tech and wish to learn more about how it will impact and enhance their work. In this age driven by data and technology, ignoring technology is at your definitive peril. Get up to speed with this engaging and enlightening book on the intersection of the legal industry and the world of technology.
Table of Contents
Front Cover | Front Cover | |
---|---|---|
Title | i | |
Copyright | ii | |
Contents | iii | |
Foreword | ix | |
Executive summary | xi | |
About the authors | xvii | |
Part I: The why of legal tech | 1 | |
Chapter 1: Introduction | 3 | |
The why of legal tech | 3 | |
The client experience | 4 | |
Adopting legal tech | 6 | |
Chapter 2: Tech and law – looking back to move forwards | 9 | |
In the beginning | 9 | |
Pre-technology era | 10 | |
Along came digitalization | 12 | |
Automate everything | 14 | |
Algorithm intelligence | 16 | |
Predictive analytics | 17 | |
The future | 18 | |
Part II: The how of legal tech | 21 | |
Chapter 3: eDiscovery | 23 | |
Introduction | 23 | |
From bankers’ boxes to hard drives – the evolution of eDiscovery | 24 | |
Civil procedure gets digital | 25 | |
Demystifying the eDiscovery process | 28 | |
What does ESI mean? | 30 | |
Finding relevant data | 31 | |
Challenges and considerations with eDiscovery | 31 | |
Technology tools for eDiscovery | 32 | |
All-in-one Discovery AI | 33 | |
The artificial intelligence spectrum | 36 | |
Legal issues and ethics in eDiscovery | 37 | |
The future of eDiscovery | 39 | |
Conclusion | 42 | |
Chapter 4: Legal data, legal research, and legal analytics – the business of law meets tech | 45 | |
Defining terms of art – legal data, legal research, and legal analytics | 46 | |
Leveraging legal data in the insurance industry | 51 | |
Legal research impacting online businesses | 53 | |
Using legal analytics for market share analysis and risk management | 55 | |
The legal ecosystem is your oyster | 57 | |
Chapter 5: A skeptic's guide to contract lifecycle management | 59 | |
Why all the fuss about contract lifecycle management? | 59 | |
The basics of CLM | 61 | |
Do you need CLM? | 63 | |
How to design a CLM solution | 65 | |
CLM implementation 101 | 70 | |
Predictions for the future of CLM | 72 | |
Chapter 6: How document automation is transforming the way legal services are delivered | 75 | |
Benefits of document automation | 75 | |
Evolution of document automation | 76 | |
The rise of no-code systems | 77 | |
Internal and third-party collaboration | 77 | |
Why are document automation and legal productization on the rise? | 79 | |
The supply side of legal productization | 79 | |
The demand side of legal productization | 80 | |
Getting tactical – what are the components? | 81 | |
The four arrows in your document automation quiver | 82 | |
The access to justice gap and how technology can help | 84 | |
Chapter 7: Technology considerations in alternative dispute resolution | 89 | |
Background | 89 | |
Why ADR? | 91 | |
How can we improve existing dispute resolution systems? | 92 | |
Technology opportunities and the technology balancing act | 93 | |
ADR, tech, and access to justice | 95 | |
Making ADR make sense | 96 | |
Chapter 8: Lessons from a legal tech start-up | 99 | |
First, some history | 100 | |
Changing tides | 101 | |
New practices, new problems | 102 | |
Workflow reimagined | 104 | |
Understand user behavior | 105 | |
Do one or a few things well | 106 | |
Lawyers want it both ways | 107 | |
Last best experience | 108 | |
Play nice with others | 109 | |
Be careful with “artificial intelligence” | 111 | |
Selling legal tech is difficult and slow | 112 | |
Chapter 9: Legal operations | 115 | |
Corporate legal operations’ functional competencies | 116 | |
Growth and innovation within the corporate legal operations profession | 117 | |
The modern era of corporate legal operations | 129 | |
Chapter 10: Artificial Intelligence | 131 | |
Basic principles | 131 | |
Legal AI fail clusters (negative archetypes) | 133 | |
Examples of legal AI fail clusters | 134 | |
Positive use cases | 139 | |
Chapter 11: Blockchain and blockchain-enabled applications in law – a lawyer’s guide | 141 | |
What is blockchain? | 141 | |
How does blockchain work? | 142 | |
Why use blockchain? | 142 | |
Blockchain-enabled applications | 143 | |
New opportunities for lawyers | 154 | |
Part III: Broader issues in legal tech | 157 | |
Chapter 12: Technology and the legal profession – what’s legal ethics got to do with IT? | 159 | |
Historical context | 159 | |
Legal context for the use of technology and the legal ethics implications | 160 | |
Individual use | 161 | |
Outsourcing of legal services | 166 | |
Social networking, ethics, and technology | 167 | |
Conclusion | 170 | |
Chapter 13: Access to justice | 177 | |
Introduction | 177 | |
Access to what? What is justice? | 177 | |
Trends in today’s access to justice tech solutions | 182 | |
Challenges in redesigning tomorrow’s tech-enabled justice system | 186 | |
Conclusion | 189 | |
Chapter 14: Adoption of legal tech by law firms | 197 | |
Introduction | 197 | |
Law firms venturing into adjacent businesses | 197 | |
Tech businesses not just for BigLaw | 198 | |
The argument against law firm tech businesses | 202 | |
Chapter 15: Humanizing legal tech adoption – fostering trust and innovation for a future-ready legal industry | 207 | |
A no-tech industry | 207 | |
The challenge of adoption | 208 | |
A human-centered approach | 209 | |
Chapter 16: Environmental change and legal innovation ecosystem evolution | 213 | |
Environmental change in the legal world | 214 | |
A root cause: client change | 214 | |
The future direction | 217 | |
Further reading and resources | 219 | |
About Globe Law and Business | 221 | |
Back Cover | Back Cover |
This is an interesting book dealing with all that is new in the bewildering tech world.
David Pickup
Law Society Gazette
As with many of the publications from Globe Law and Business in the knowledge management space this book is engaging and provides practical guidance and insights into what many may feel are new and bewildering technological innovations. The reader can dip into individual chapters to increase their knowledge of a specific technology; or the book can be read cover to cover to gain a quick and easy understanding of these new technologies.
Jas Breslin
Co-Editor in chief, Legal Information Management
Zach Abramowitz
https://www.linkedin.com/in/zachabramowitz/
Zach Abramowitz is the founder of Killer Whale Strategies and an investor in disruptive legal start-ups. Killer Whale Strategies works with Am Law 100 firms, Fortune 500 legal departments, and other organizations looking to capitalize on the current wave of disruption sweeping the legal industry. Zach writes longform essays for Legal Evolution, publishes webinars twice monthly, and maintains an active newsletter on legal technology start-ups that reaches thousands of attorneys and entrepreneurs. He is regularly quoted in industry news on legal disruption and wrote a regular column for Above the Law from 2015-2019. Zach is an NYU Law trained attorney who practiced as an M&A associate at Schulte Roth & Zabel before leaving to launch a start-up. Prior to starting his legal career, Zach worked as a stand-up comedian and a producer for ESPN Radio. The process of turning invention into something valuable is innovation and it relies on facilitators looking for ways to make hard parts of adoption work better, easier, more efficiently. Zack Barnes' career has focused on the creative solutions at the nexus of academia, industry, technology, and particularly law to help drive R&D teams towards the next solution.
Josh Blandi
https://www.linkedin.com/in/joshblandi/
Josh Blandi is the CEO and co-founder of UniCourt, a Legal Data as a Service (LDaaS) company that provides real-time court data and legal analytics you can trust. UniCourt’s mission is to make court data more organized, accessible, and useful for Am Law and Fortune 500 companies. UniCourt’s API-first approach empowers the combination of internal data with external litigation data to find new business opportunities, optimize litigation strategies and outcomes, and power innovative solutions. Josh is featured in the Class of 2023 Legal Rebels by the ABA Journal and the ABA Center for Innovation and is a Fastcase50 honoree. Under his leadership, UniCourt has received numerous awards including the Technology Award of the American Legal Technology Awards and has been recognized as the Overall LegalTech Data Solution Provider of the Year at the LegalTech Breakthrough Awards. As part of Josh’s strategic vision to provide Legal Data as a Service, he has assembled a diverse, global team across the US and India to unlock the potential of legal data.
Cat Casey
https://www.linkedin.com/in/catherineacasey/
Cat Casey is chief growth officer at Reveal Brainspace, helping lead innovation for legal technology solutions, and a zealous advocate for AI in legal. She is a thought leader and outspoken advocate of legal professionals embracing technology to deliver better legal outcomes. She has two decades of experience assisting clients with complex eDiscovery and forensic needs that arise from litigation, expansive regulation, and complex contractual relationships. Cat is a published author, keynote speaker, podcaster, and all-around advocate for upskilling legal professionals facing the dawn of an AI renaissance in law.
Daniel Farris
https://www.linkedin.com/in/daniel-farris-1a73a583/
Daniel Farris is founder and CEO of NMBL Technologies, Inc., a legal technology company specializing in legal workflow management and automation. He is also an attorney at global Am Law 100 firm Norton Rose Fulbright, where he serves as partner-in-charge of the Chicago office and specializes in technology transactions, privacy and data security, intellectual property licensing, and commercial contracting. Daniel has a Masters of Science in Information Systems from DePaul University and a Juris Doctor from Loyola University Chicago School of Law. Before entering the practice of law, Daniel was a software engineer and network administrator. He now counsels companies large and small on technology creation, implementation, adoption, licensing, and use. His practice is highly technologyenabled, focused on client experience, efficiency, people, and process. As a legal tech founder, Daniel is working to enable the adoption of legal ops and support digital transformation in the legal industry.
Jan L. Jacobowitz
https://www.linkedin.com/in/jan-l-jacobowitz-80805411/
Jan L. Jacobowitz is a legal ethics, social media, and technology expert who is the founder and owner of Legal Ethics Advisor. Jan provides legal ethics consulting, expert testimony, opinion letters, and CLE training to law firms and legal organizations. She is a past president of the Association of Professional Responsibility Lawyers and the co-chair of its Future of Lawyering Committee. For over a decade, Jan was the director of the Professional Responsibility and Ethics Program (PREP) at the University of Miami’s School of Law. Under her direction, PREP was a 2012 recipient of the ABA’s E Smythe Gambrell Award – the leading national award for a professionalism program. She continues to teach professional responsibility as an adjunct professor at Miami Law. Prior to devoting herself to legal ethics consulting and legal education, Jan practiced law for over 20 years. She began her career as a legal aid attorney in the District of Columbia, prosecuted Nazi war criminals at the Office of Special Investigations of the US Department of Justice, and was in private practice with general practice and commercial litigation firms in Washington and Miami.
Natalie Anne Knowlton
https://www.linkedin.com/in/natalieanneknowlton/
Natalie Anne Knowlton is the founder of Access to Justice Ventures, LLC, empowering entrepreneurs who are developing scalable access to justice solutions. She formerly served as a regulatory advisor and the director of special projects at IAALS, the Institute for the Advancement of the American Legal System. She is committed to bringing deep empathy to the court users’ experience and in pursuit of that goal employs legal and empirical research and analysis, facilitates collaboration among stakeholders, and engages in national outreach and advocacy. Natalie is in the 2023 class of American Bar Association (ABA) Legal Rebels, and is listed among the ABA Legal Technology Resource Center’s 2022 Women of Legal Tech. She sits on the Justice Technology Association Board of Advisors, was a judge for the American Legal Technology Awards (2021-2023; Access to Justice), and co-founded the Denver chapter of Legal Hackers.
Rich Lee
https://www.linkedin.com/in/richardtlee/
Rich Lee is the CEO and co-founder of New Era ADR and is the former general counsel of two fast-growing VC-backed technology companies, Civis Analytics and Livevol.
Colin S. Levy
https://www.linkedin.com/company/colin-s-levy-legal-tech-maven/
Colin S. Levy is an experienced lawyer and legal tech expert. Throughout his career, Colin has seen technology as a key driver in improving how legal services are performed. Because his career has spanned industries, he has witnessed myriad issues, from a systemic lack of interest in technology to the high cost of legal services barring entry to consumers. Now, his mission is to bridge the gap between the tech world and the legal world, advocating for the ways technology can be a useful tool for the lawyer’s toolbelt rather than a fear-inducing obstacle to effective legal work. Colin is a sought-after writer and speaker. He is often asked to be a guest on legal tech podcasts, contribute to articles, blog posts, and other types of content published on various law outlets, and enjoys interviewing leading leaders in the legal and legal tech spaces.
Olga V. Mack
https://www.linkedin.com/in/olgamack/
Olga V. Mack is the vice president at LexisNexis and CEO of Parley Pro, a next-generation contract management company that has pioneered digital negotiation technology. Olga embraces legal innovation and has dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. She shares her views in her columns on Above the Law, Forbes, Bloomberg Law, Association of Corporate Counsel (ACC) Docket, MIT Computational Law Report, Newsweek, and Venture Beat. Olga is also an award-winning general counsel, operations professional, start-up advisor, public speaker, adjunct professor, and entrepreneur. Olga co-founded SunLaw, an organization dedicated to preparing women in-house attorneys to become general counsels and legal leaders, and WISE to help female law firm partners become rainmakers. She lectures at Berkeley Law and has received numerous awards for her work, including the Silicon Valley Women of Influence, ABA Women in Legal Tech, Make Your Mark, Corporate Counsel of the Year, and Women Leaders in Technology Law. She is a fellow of CodeX, the Stanford Law Center for Legal Informatics, and a fellow of the College of Law Practice Management.
Dorna Moini
https://www.linkedin.com/in/documentautomation/
Dorna Moini is the CEO and founder of Gavel, a no-code platform for building document automation and client-facing web applications for the law. Prior to starting Gavel, Dorna was a litigator at Sidley Austin. There, in her pro bono practice, she worked with legal aid organizations to build a web application for domestic violence survivors to complete and file their paperwork, which led to the idea for Gavel. Dorna is on the Legal Services Corporation Emerging Leaders Council and is a member of LAFLA’s advisory board. She was named an ABA Legal Rebel and a Fastcase 50 honoree. She also teaches the Legal Innovations Lab at USC Law School.
Tom Stephenson
https://www.linkedin.com/in/tstephenson1/
Tom Stephenson is vice president and legal operations evangelist at Legal.io, an enterprise marketplace for legal talent and technology. He has spent over a decade focusing on helping legal departments run smarter and faster during periods of hyper-growth while implementing right-sized technology to provide meaningful data about how legal teams work. As well as working alongside global law firms, legal tech vendors, and corporate law departments, Tom is passionate about education and advocacy within the corporate legal operations ecosystem. A graduate with a Master of Legal Studies from the University of Illinois, Tom regularly speaks as an authoritative voice on innovative legal operations strategies that drive efficiency, innovation, and transparency within an organization, including at Harvard Law School.
Tony Thai
https://www.linkedin.com/in/tony-thai-7081b7137/
Tony Thai is the CEO and chief engineer of HyperDraft, a technology company that powers law firms and legal departments with AI-powered document and workflow automation software. Tony is a veteran attorney who has practiced at many of the world’s most prestigious law firms and in-house at multiple large technology companies. Prior to his legal career, he was an enterprise software engineer and serial entrepreneur. He was recently recognized as a Fastcase 50 Honoree, serves as an adjunct professor at USC Gould School of Law, and is a legal and business advisor to a variety of technology companies.
Naomi Thompson
https://www.linkedin.com/in/naomi-thompson/
Naomi Thompson is a legal innovation strategist working at the intersection of business, law, data, and technology, published author and prolific speaker. Naomi is a results-driven and strategic-minded professional who has held several influential roles throughout her career. Naomi started as a corporate in-house lawyer and transitioned to strategy implementation and business operations in emerging markets, including as chief of staff in a leading, pan-African investment firm. Naomi’s strategic objective is to use her business and legal experience to lead and accelerate the transformation of the legal industry. She has a wealth of experience in developing and executing legal transformation strategies. Naomi was appointed to deliver PwC’s regional NewLaw strategy and, prior to joining PwC, Naomi was senior vice president for Exigent Group’s regional EMEA Legal Solutions offering, advising both local and global organizations on legal department transformation initiatives. Naomi now consults with multi-national organizations on all aspects of their legal transformation strategies. Naomi serves on several boards, has a Master of Business Administration from Hult International Business School and a Bachelor of Laws degree (LLB).
Richard Tromans
https://www.linkedin.com/in/tromansconsulting/
Richard Tromans has worked in the legal sector for over 22 years. He started in journalism before moving into management consulting in 2008 with a focus on market change and providing strategic advice to the legal sector. Since 2016 he has had a focus on legal innovation and that year started Artificial Lawyer, the globally-read legal tech and innovation news and information site. He strongly believes that we have only just begun the journey of transforming the legal profession.
Joshua Walker
https://www.linkedin.com/in/joshua-w-8807352/
Joshua Walker is a serial entrepreneur and IP attorney. Previously, he cofounded CodeX: The Stanford Center for Legal Informatics and, subsequently, Lex Machina – where he served as CEO, chief legal architect, and chairman. He also led legal for Airbus SE, Silicon Valley, as general counsel and co-founder of A^3, while leading advanced contract AI development. Now, as CEO of System.Legal, Josh continues to develop AI enterprise systems across legal, finance, risk, and governance for select clients. Josh received his A.B. degree, m.c.l., from Harvard College (Special Concentration in Conflict Studies) and his J.D. from the University of Chicago Law School, where he was a cornerstone scholar. Prior to law school, he served as analyst at the Office of the Prosecutor, International Criminal Tribunal for Rwanda, where he helped deploy its first working database.