Horizon Scanning: Modernizing Legal Service Delivery

There is mounting speculation about what the “next normal” will be for the legal industry in light of the COVID-19 pandemic. A newly released book from Ark Group, in which Lumen Legal, now Lexitas, EVP of Strategic Initiatives David Galbenski is a contributing author, casts a vision for the future for the delivery of legal services.

The recently released book, called Horizon Scanning: Modernizing Legal Service Delivery, defines and distills ways in which the delivery of legal services might change in the foreseeable future. In addition to Dave’s contribution, it aggregates the advice and insights of other legal industry thought leaders who share their experience and practical guidance.

Chapter nine of the book, “The Value Conversation – People and Processes Before Technology,” is written by Dave and builds upon a key theme we address with clients when discussions turn to the selection and implementation of legal technology. While legal technology is an important part of the value conversation, the only way that it can perform up to its potential is if an organization has first optimized its people and processes. As Dave writes in the book:

“Legal tech is an accelerator of results, not a silver bullet for every problem. To leverage legal tech effectively, corporate legal departments should focus, first, on getting the right people and processes in place. By laying a strong foundation with the right people and processes, legal tech can then be plugged in to accelerate problem-solving, rather than causing more problems itself.”

Unlocking the value of legal tech involves a preliminary, two-step process.

First, people must be elevated to their highest and best use. Any organization involved in the delivery of legal services, from law firms, to corporate legal departments, to alternative legal service providers, must ask itself Who should do what? and not merely Who can do what? By putting people in a position to do work at or above their pay grades, legal technology can be plugged in to cover tasks, such as routine commercial contract review, that have traditionally required too much time from highly paid lawyers.

Second, organizations must refine their processes and systems. For software to function properly, it requires high-quality, reliable inputs. Such inputs can only be captured if systems are in place to do so, such as by capturing “clean” data, and defining rules and creating structures that enable software to optimally perform.

In short, legal technology cannot drive innovation in isolation. As Dave writes in the book:

“Accordingly, we can’t rely on science, in the form of legal tech, alone to drive value. We must balance science with art – the art of deploying people to their highest and best use, and refining processes that allow technology to perform to its highest potential. By setting up people and processes to succeed, legal service providers – in-house legal departments, law firms, and ALSPs – will be in a position to deliver more value to clients.”