Archive for the ‘Legal document automation’ Category

Ezekiel 25:17 (or, Rich Baer is tryin’ real hard to be the shepherd, Ringo)

Monday, April 18th, 2011

If you’re interested–really interested–in how to bring innovation to the delivery of legal services, and if you haven’t thoroughly checked out Rich Baer’s blog, ‘Reliance on Counsel” yet, you should stop reading this right now and go there.  Now.  Seriously…go on.  Go. Don’t worry….we’ll wait for you. 

[Why are you still here?  You shouldn’t be here.  Go here instead.  C’mon…go…]

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Good.  They’re gone.  Let’s talk about Pulp Fiction until they get back.

You remember 1994’s Pulp Fiction,right?  By Quentin Tarantino? When it hit movieplex screens Pulp Fictionchanged how popular movies tell their stories.  Since the early Greek tragedians, popular storytelling in visual media was always structurally the same: events occured chronologically across a three or five act story arc while tensions built and then ultimately resolved.  You might get an occasional flashback (Godfather II), or an out-of-sequence coda (the burning Rosebud in Citizen Kane) or an onstage recitation of pivotal off-stage occurrences (“Sorry Hamlet…Rosencrantz and Guildenstern ain’t coming down for breakfast no more.  Time to move to plan B”).  Basically though, on stage or screen, plots and themes and characters always just progressed sequentially and in rigid lockstep with each other.  Beginning.  Middle.  End.  Always.  Why such predictability?  That’s basically the way we humans operate.  A formula for doing something just builds by inertia, accreting over the years and hardening to the point where it seldom gets challenged, even after it has long grown stale.

Quick side thought:  If this could happen in a the theater and movie industries, which are ostensibly built on originality and individualism, how might the forces of inertia and accretion stifle innovation in an industry built on adherence to precedent, observance of community standard, and strict avoidance of risk?  Hmmm…let’s put that thought aside for a bit.  Maybe we’ll think of just such an industry.

Pulp Fiction abruptly changed this rigidity.  In the film, events occur in almost random order.  Plotlines just barely interrelate. Characters die in one scene, and then appear in later scenes that chronologically took place earlier.  Basically, it’s a complete re-shuffling of the traditional movie structure.  But it works really well because when Tarantino tosses out the accreted form (sequence…sequence…beginning, middle, end…), he focuses instead on the underlying purpose: storytelling.  Because of this focus on story over form, and because of Tarantino’s skillful technique, the center holds: characters develop; plot strings come full circle, tensions rise and resolve, all with great poignancy and salience.  As NYT reviewer Janet Maslin noted at the time, “far from confusing his audience, Mr. Tarantino eventually makes the film’s time scheme crystal clear, linking episodes with dialogue that may sound casual but sticks indelibly in memory.”

One indelibly recurring nugget of such dialogue conveys much character growth.  Throughout the movie, Samuel L. Jackson’s hitman character, Jules, recites, and alludes to off-camera recitations of, Ezekiel’s emotional prophecy against the Philistines (Ezekiel 25:17).

“The path of the righteous man is beset on all sides by the iniquities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother’s keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know my name is The Lord when I lay my vengeance upon you.”

As he profanely informs us towards the movie’s end (I won’t link to it, but if you search Youtube for some combination of the words Pulp-Fiction-Ending-Diner-Scene, you’ll find the scene pretty quickly), Jules is at something of an inflection point in his life when he drops his last Ezekiel 25:17 on us.  He’s been through a lot in the course of fulfilling his duties to his employer.  Now, he’s just going to walk the earth for a bit.  He doesn’t exactly know where he’ll end up or what he’ll do as he moves away from his previous role (a role he excelled at, by all accounts).  But he recognizes that he wants to guide others with what he has seen and learned. He’s trying real hard to be the shepherd.

And that’s really all I wanted to say about Pulp Fiction.  By rearranging the stale and accreted practices of his industry, Tarantino revitalized moviemaking, spawning scores of imitators and—for while anyway—making movies a bit less rigid and a bit more interesting.  He also makes us remember that it’s never really the existing structure that drives innovation, it’s the characters who emerge from that structure.

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Oh.  You’re back.  See what we mean about Reliance on Counsel?  Someone who actually knows what they’re talking about writing succinctly and well about deep-rooted structural inefficiencies in the legal service delivery model. And then (wait for it….) actually suggesting solutions and offering to help.

Different, huh?  Better, right?  As we’ve noted before, too many legal blogs are thinly veiled attempts to get the reader to buy whatever legal service or technology the writer is peddling.

Baer isn’t selling anything. As Qwest General Counsel and Chief Administrative Officer he just quarterbacked the massive $20B M&A deal whereby his company got A’ed by and M’ed with CenturyTel without getting F’ed by the government. So, he’s sold enough for a few hundred lifetimes, thank you.

Because of the high-profile jobs he’s held, Rich has been in a unique position to observe how legal services can sometimes do disservice to the clients they’re supposed to serve.  Because of how well he did his last job, he probably has an audience that will listen to his suggestions about how these service providers need to adapt.  If he’s offering his help now in shepherding industry change, we should all be listening.

So, we encourage you to start reading and keep reading Reliance on Counsel.

Or we will strike down upon thee with great vengeance and furious anger.

NVCA ASAP: Welcome to the future of VC deal drafting

Thursday, November 4th, 2010

Automatically draft all your deal documents at the same time!

If you’re a corporate lawyer whose life involves deal work for growing companies, chances are you’re intimately familiar with the National Venture Capital Association’s model legal documents.  This set of eight documents is immediately recognizable to most firms that practice in this space, and whether firms use the documents in their original form or modify them to suit their preferences, most would agree they are the gold standard for venture capital investment transactions.

The NVCA says these documents “are intended to reflect current practices and customs, and . . . one of our goals in drafting these documents is also to reflect “best practices” and avoid hidden legal traps.”  The documents contain explanatory footnotes and are widely believed to present a fair balance between VC- and company-favorable terms.  According to the NVCA, use of these documents is also intended to “reduce transaction costs and time.”

And that’s where we come in.  At Brightleaf, our goal is to bring intelligent document automation to lawyers everywhere.  For law firms, this means helping them respond to client demands for increased value and efficiency in the way they produce documents.  And the NVCA’s data shows that firms are producing a LOT of their documents.  Even in 2009, an admittedly slow year, law firms drafted documents for deals representing over $15 billion in venture capital investments.  And most people agree that the current production method for these documents is inefficient at best.  According to the NVCA, “our industry on a daily basis goes through an expensive and inefficient process of ‘re-inventing the flat tire.’”  The NVCA responded to this problem by drafting form legal documents everyone could use, and we’re taking the next logical step: automating the NVCA documents.

How did we do this?  Our team of experienced corporate lawyers reviewed and identified each of the substantive questions and structural possibilities in the NVCA documents.  They then used our Microsoft Word-based Template Factory to turn these documents into automated templates for law firms to use.  There was no programming involved and the process took days, not months.  The result?  With just a couple hours of training, lawyers can now log into Brightleaf and draft the NVCA financing documents in a way that’s more intelligent and efficient.  That makes the lawyers AND their clients happy.  And we think this is pretty exciting.

Thanks, Rees!

Wednesday, April 21st, 2010

Nice shout-out for Brightleaf from Rees Morrison, the most prolific blogger in the legal technology/management biz (we’re working on our second cup of coffee  and he’s already dropped five posts this morning). In addition to the dizzying pace of the work he produces, Rees is also perhaps the most respected legal department management consultant you could hope to find.  If you work in-house and you have not read his e-book “Effective Structure for Your Law Department,” I suggest that you do so.

In the post above, Rees touched on something that’s very important to us:  Brightleaf is a document automation platform, not just a document assembly application.    While it’s easy for any company to claim this (especially if they’ve been reading our website), the term “document automation platform” has a very specific structural meaning.

Document automation platforms combine three main components:  

  1. Applications (such as document assembly or document analysis or template creation) that automate repetitive, process-intensive legal work;
  2. Process automation engines that enable collaboration and workflow and compliance by allowing documents to “go” where they’re supposed to, when they’re supposed to; and,
  3. Powerful and secure database technologies that interconnect readily with existing systems so that clients have complete control over document privacy and retention.

Each of these components, by themselves, provides law firms and legal departments with huge value.  But by combining them, real document automation platforms can fundamentally transform efficiencies and economics at those departments and firms.

For more information, feel free to contact us anytime at info@brightleaf.com.

The Future is Now: Brightleaf in Legal Technology News

Monday, April 12th, 2010

Kraft Kennedy’s Michael Mills writes about legal document assembly (and Brightleaf) in this month’s issue of Legal Technology News.  Mills comes to Kraft-Kennedy from 20 years at Davis Polk, much of it spent heading the firm’s knowledge management and technology functions, so he knows of what he speaks.

Foley & Lardner Partners with Brightleaf’s Dave Curran on Entrepreneurship Talks

Monday, March 1st, 2010

Foley & Lardner announced today that it was lauching an online teaching series called “Entrepreneurship Talks: An Interactive Learning Audio Conference Series Focused on Emerging Companies and Start-Ups.”   From the official release, it looks like there will be at least four separate talks in the series, starting off with March 23rd’s “You’ve Launched Your Business…Now What??

Even better, Entrepreneurship Talks will be hosted by Foley’s Gabor Garai and Brightleaf’s Dave Curran.  Gabor’s absolutely undoubtedly one of the best attorneys in Boston, and he speaks with clarity and insight about issues facing new businesses. Dave is a multi-talented business executive with deep and uniquely diverse experience in the business and law of growth-stage companies (and we’re not just saying that so he’ll be nice to us in the hallways).

It should be fascinating.  Be sure to sign up and listen in.

b.leaf: Microsoft GC calls for “national conversation” on cloud computing

Monday, February 15th, 2010

From Eric Sinrod’s Technologist blog: 58% of the general population and 86% of senior business leaders are excited about cloud computing technology, but the majority require some convincing about it’s security.  Microsoft GC Brad Smith calls for a “national conversation” on the subject to increase confidence and allay concerns.

Each month, we get fewer and fewer questions from prospective clients about our SaaS delivery model.  Perhaps they recognize that Software-as-a-Service is no less (and in all likelihood, far more) secure than their existing systems. Or, perhaps the benefits and flexibility are outweighing the perceived concerns.  But it is palpably less of a concern to major law firms than it was several months ago.

Lean Six Sigma in the AmLaw 100

Monday, December 14th, 2009

Seyfarth Shaw is not your typical 739-lawyer firm.   For one thing, in the midst of an economic downturn, and in the face of what the Association of Corporate Counsel terms a “slow-motion riot” by corporate clients everywhere, Seyfarth reported gains in gross revenues (+ 5.5%), net profits(+3.5%), and profits-per-partner (+5.5%) last year.  (Check back here though for follow-up on the firm’s all-associate conference call today)

In an AmLaw Daily interview several months ago, Seyfarth’s chairman, Steve Poor, attributed the firm’s performance to its clear-eyed recognition of fundamental flaws in the large-firm economic model and the anticipation of what might happen to that model should the rising revenue waters recede.  Poor stated, “Everyone loves rate-insensitive work,” he says. “But we realized several years ago: That model is fundamentally flawed. We realized a day like [the downturn] would come.”  Armed with that realization, the firm redoubled its efforts to provide more cost-effective services. 

At last week’s “Controlling Legal Costs” conference at Manhattan’s Harvard Club, Seyfarth stole the show with a stunning presentation by Boston-based partner Lisa Damon about the depths of its dedication to process improvement and cost-cutting through Lean Six Sigma methodologies.

Six Sigma process management, for those of you who haven’t encountered it, is a management philosophy that rigorously defines and measures and refines a business’s core processes and maps them back reiteratively to that business’s conceptualization of “success.”  As Damon put it, this type of thinking has traditionally been “anathema” to lawyers.  Lawyers have not been interested in process-based efficiencies, she noted, because we have made so much money from inefficiency.  The more inefficient a process is; the longer it takes.  The longer it takes; the more hours we bill the clients.  The more hours we bill the client; the more money we make…up to the point when the client fires us.

Probably true…but Seyfarth is through the looking glass now.  As part of their Lean Six Sigma implementation, their internal Green Belt teams precisely map out each discrete step in their standard processes (say, for example, filing a single-plaintiff employment lawsuit in New York) and then rigorously work to eliminate any unnecessary steps while smoothing the necessary ones.   Then they constantly re-examine and refine those process maps.

How is this working for the firm?  Damon reports unprecedented cost savings and sharp increases in customer satisfaction.  And the firm’s overall numbers show how economic robustness and resilence can grow from a focus on efficiency.

Now…if they added a little document automation platform into the mix, I wonder how much further they could go?

Two days; two articles

Thursday, October 8th, 2009

Yesterday, Mass High Tech wrote us up as an emerging legal technology trend.  Today, American Lawyer sat down with our latest hire, Lynne Zagami, and talked about how Brightleaf represents a change in the traditional BigLaw economics and may be emerging as a new way for really talented young lawyers to work.

Lynne, a former Proskauer/ Brown Rudnick associate, is Brightleaf’s new Director of Client Strategic Processes.  She’ll be working with our large firm clients to help them automate the way they create and approve and manage their transaction documents and free themselves from the strictures of their exisiting economics.  Lynne’s previous life gave her an up-close look at the some of the labor-intensive sausage factory processes that corporate clients increasingly disfavor in their outside counsel.  Now she gets to help re-form those processes.

We’re fortunate to have Lynne on our side.  BigLaw’s loss is our gain…which is ultimately BigLaw’s gain too!.

Article here.

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b.leaf in Mass High Tech (again!)

Wednesday, October 7th, 2009

Another nice mention in Mass High Tech today–this time in Jim Shakenbach’s article on the use of automation technologies to manage growing regulatory and paperwork burdens.

Full article here.

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Needle in the haystack

Tuesday, August 11th, 2009

If right now you type the name “Susskind” and the book title “The End of Lawyers?” into Google’s blog search page, your screen will fill with more than 3,919 entries (We’re hoping to lock down position 3,920 as soon as we locate and hit the [update post] button on the old WordPress here).

Sort these entries by date and you will note that, even now, seven months after his book’s publication date and four-plus months after his keynote speech at ABA Techshow, people are still writing — frequently — about Richard Susskind’s writing. Clearly, a nerve has been touched.

So, what’s in this haystack of opinion?  It’s a mix, really.  We’ve read more of them than we care to admit, and we’d sort the pile thusly: 

  1. Mostly pro-Susskind, arguing, basically, that the legal profession fits the classic profiles for business model disruption and tipping-point accelerating change. Increasingly this is the dominant voice in the chorus.
  2. Some anti-Susskind, which mostly goes like this: “Everything’s fine. Keep moving. Pay no attention to the Scotsman on the podium. There’s nothing to see here. Any downturn in the profession is proportionally and causally related to the downturn in the economy and no further structural issues need be considered. All is well. Remain calm.”
  3. A few skirmishes between Group #1 and Group #2.
  4. Assorted Anekāntavādan elephant-touching from the narrowly self-focused.

So, let us save you a little time and a lot of eye-strain.  Skip the other 3,918 entries and proceed directly to the needle in this particular haystack.  Michael Stern, from Cooley Godward’s Palo Alto office, writes as lucidly and crisply and cogently as you might expect from someone with a BA in English from Columbia, an MA in English from Cambridge, and a PhD in English from Yale. (Also, a JD from Berkeley).

Stern’s clearly a fan of Susskind’s thesis, if not his writing style.  Stern thoroughly analyzes and fully encapsulates “The End of Lawyers?” before pronouncing that the book’s predictions are “already emerging around us” and that we ignore them at our own peril.  Change is already here.  Lawyers can manage it or it will manage them.  But it’s not going away.

Okay.  Blog #3,921…you’re up.