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AALLSpectrum
SEPTEMBER/OCTOBER 2019 / VOLUME 24, NUMBER 1
DATA-DRIVEN
LEGAL
SERVICES
NEW ROLES FOR INFORMATION
PROFESSIONALS
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EDITOR’S NOTE
SUCCESSFULLY
EMBRACING CHANGE
I
The Keys Are at Your Fingertips
It is my honor and privilege to serve as the new editor of AALL Spectrum for the next
three years. I look forward to working with the Editorial Board to not only provide
relevant content to help our members further their professional development and
education, but also to help them stay one step ahead of the rapidly changing legal
landscape. I want to thank our outgoing editor, Kristina Niedringhaus, for all of her
contributions in making AALL Spectrum a better magazine. Under her leadership, AALL
Spectrum welcomed new Reference Desk columnists representing all three library types
(academic, firm, government), established new Community and Advocacy sections,
and introduced a new technology-focused column (Talking Tech).
AALL Spectrum provides an overview of the new 2018 American Lawyer’s annual Survey of Law
normal in legal services to help readers under- Firm Knowledge Management, Library and
stand the challenges and opportunities that the Research Professionals, 91 percent of firm law
legal industry, our respective organizations, and librarians said they are responsible for business
the law librarian profession itself, face. Since the research—more commonly known as competi-
Great Recession of 2008, we have slowly been tive intelligence (CI)—and almost 75 percent of
inching our way to a new awakening in the legal respondents expected to see requests for business
industry, one that seemed to be on the distant of law research increase in the near future. The
horizon, but has now clearly arrived. Evan new column will explore practical uses of CI
Shenkman’s article “The Transformation of the that law librarians can offer as a service. Future
Law Firm” is the first in a series of articles that columns will explore different facets of CI.
will cover this transformation. The article on In order to encourage new authors to write
data-driven legal services, written by Ed Walters for AALL Spectrum, the Editorial Board now
and Katherine Lowry, focuses on the new roles provides mentorship and peer review of articles
information professionals are performing to upon request. We encourage all members to
make law firms more competitive. The third consider submitting an article proposal. With the
feature article in this issue is by David Kamien, help of a mentor, we can work with you to out-
and it provides a foundation in the fundamen- line the article and assist with the drafting and
tals of cross-selling and how leading law firms editing process. Use the “Submitting Articles
are harnessing technology to share intelligence for Spectrum” link to send in your proposal.
and gain better insights. And guess who is Additionally, we encourage members to recom-
indispensable to this process? That’s right, it’s mend authors outside of AALL who might have
law librarians, as they provide the underlying insight into the legal industry and its impact on
research that is relied upon to make actionable law librarians and information professionals.
decisions by firm leadership.
I am also excited to announce the debut of
the new “Practical Competitive Intelligence”
column, which will appear in each issue Steven A. Lastres
under the leadership of Kevin Miles from Steven A. Lastres
Norton Rose Fulbright. As reported in the salastres@devevoise.com
SEPTEMBER/OCTOBER 2019 | AALL SPECTRUM 1
INSIDE
SEPTEMBER/OCTOBER 2019
14
New roles for information professionals to make law firms more competitive.
FEATURES
14 DATA-DRIVEN LEGAL SERVICES
How artificial intelligence and data-driven
21 BOOST YOUR CROSS-SELLING
EFFORTS WITH TECHNOLOGY &
analytics tools are helping firms gain and SMART COLLABORATION
keep new clients. A brief examination of the fundamentals
BY ED WALTERS & KATHERINE LOWRY and complexities of cross-selling and
how leading law firms are harnessing
18 THE TRANSFORMATION OF
THE LAW FIRM
technology to share intelligence and
gain better insights.
An overview of the new normal in legal BY DAVID KAMIEN
services.
BY EVAN J. SHENKMAN
Image © Istockphoto.com/BrianAJackson
IN EVERY ISSUE
BoK DOMAINS KEY
Editor’s Note 1 Professionalism + Leadership Teaching + Training
At Every Level
President’s Message 5 Research + Analysis
Marketing + Outreach
Management + Business
Wild Card 48 Information Management Acumen
2 AALL SPECTRUM | WWW.AALLNET.ORG
30 33 36 44
Community: Diversity & Inclusion Talking Tech The Power of Storytelling Reference Desk
UP FRONT TECHNOLOGY
7 TRENDING
Breaking down barriers to legal innovation. 33 TALKING TECH
Upgrade your legal tech IQ.
BY AVERY LE
8 NEWS & NOTES
AALL Executive Board/Business Meeting
actions, 2019 AALL Champions, and
notable 2019-2020 dates. EDUCATION
12 MEMBER PROFILE
Meet Michelle Hook Dewey, legal research 36 USING THE POWER OF
services manager at BakerHostetler LLP. STORYTELLING TO SHAPE YOUR
INSTITUTION’S NARRATIVE
How law librarians can use storytelling to
13 SHELF LIFE
Who has been your most inspirational demonstrate their value and provide better
guide through the transformation of law? service to the communities they serve.
BY JESSICA DE PERIO WITTMAN
LEADERSHIP
BUSINESS EDGE
24 LEADER PROFILE
Michelle Cosby discusses her goals for the
coming year as President and takeaways 39 VENDOR VOICE
How LexisNexis is putting research
from AALL’s Executive Leadership Institute. capabilities into Context.
28 ASK A DIRECTOR
How does incorporation of artificial intel-
42 PRACTICAL COMPETITIVE
INTELLIGENCE
ligence and similar technologies change Breaking down the basics: What CI is
the practice of law? Advice from Marlene and how law librarians and information
Gebauer and David Armond. professionals can use it.
BY KEVIN MILES
COMMUNITY 44 REFERENCE DESK
Co-worker conundrum: The slacker.
BY DOLLY M. KNIGHT, MARIBEL
30 CONTINUING THE CONVERSATION
ON DIVERSITY & INCLUSION
NASH & SCOTT VANDERLIN
AALL members tackle issues of diversity,
equality, and implicit bias.
BY NICOLE P. DYSZLEWSKI,
ZANADA JOYNER & JOSHUA LAPORTE
SEPTEMBER/OCTOBER 2019 | AALL SPECTRUM 3
AALLSpectrum
105 West Adams Street, Suite 3300 This publication is provided for informational and educational purposes only.
Chicago, Illinois 60603
www.aallnet.org | 312.939.4764
The American Association of Law Libraries does not assume, and expressly
disclaims, any responsibility for the statements advanced by the contributors
EDITOR to, and the advertisers in, the Association’s publication. Editorial views do not
Steven A. Lastres
necessarily represent the official position of the Association or of its officers,
PUBLICATIONS MANAGER directors, staff, or representatives. All advertising copy is subject to editorial
Heather Haemker
approval. The Association does not endorse or make any guarantee with respect
COPY EDITOR to any products or services mentioned or advertised in the publication.
Timothy Johnson
DESIGN All content copyright 2019 by the American Association of Law Libraries, except
Feldcomm where otherwise expressly indicated. Except where otherwise expressly
AALL SPECTRUM EDITORIAL BOARD provided, the author of each item in this issue has granted permission for
Kristina J. Alayan copies of that item to be made for classroom use or for any other educa-
Cynthia L. Brown tional purpose, provided that (1) copies are distributed at or below cost, (2)
Tina S. Ching author and AALL Spectrum are identified, and (3) proper notice of copyright
Elizabeth Farrell Clifford is affixed to each copy. For items in which it holds copyright, the American
Elaine M. Egan
Association of Law Libraries grants permission for copies to be made for class-
Karin Johnsrud
room use or for any other educational purpose under the same conditions.
Kim Nayyer
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SUBSCRIBE
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PUBLICATION
AALL Spectrum (ISSN: 1089–8689) is published six times per year by the
American Association of Law Libraries. Periodicals postage paid at Chicago, Illinois, and
additional mailing offices. POSTMASTER: Send address changes to
AALL Spectrum, 105 W. Adams St. Ste. 3300, Chicago, IL 60603-6225.
RETIRING?
CONTINUE YOUR LEGACY & SHARE YOUR EXPERTISE
BECOME A SUSTAINING MEMBER
If retirement is in your near future,
future and you want to stay KNOW
connected to your friends and colleagues as well as the SOMEONE
legal community, consider the AALL Sustaining Member ABOUT TO RETIRE?
option. For a one-time renewal rate of $425* continue The Sustaining Member
enjoying all the benefits of membership: benefit makes a great
retirement gift!
• Networking
• Publications
• Leadership Opportunities
• Advocacy DID YOU KNOW?
AALL’s Encore Caucus
was created as a way for retired
members to continue to collaborate
with members of the legal information
* Does not include SIS memberships
profession, share common interests,
and further personal and
professional activities.
Learn more at
bit.ly/AALLencore.
learn more at
bit.ly/AALLsustainingmember
4 AALL SPECTRUM | WWW.AALLNET.ORG
PRESIDENT’S MESSAGE
MOVING
FORWARD
UNVEILING OUR NEW STRATEGIC PLAN
L
ibrarians are problem solvers, thought leaders, trendsetters, and experts in a variety
of areas. Our skills and expertise are unmatched in the world of legal information,
and we must continue to voice our value and evolve. I am excited to take this journey
with you by serving as your new president as we continue to build on these traits and
expand our skill sets. To that end, we will be entering into a new strategic plan period.
Our new, three-year (2019–2022) strategic plan has three pillars to help guide us:
Talent, including diversifying and growing mem- I love anything that is practical and that I
bership; Engagement, allowing us to be the hub can see a real use for, and this first issue touches
for the entire legal information profession; and on several important tools and skills that can
Alliances, focusing on building a strong network and should become part of your professional
of strategic partners and collaborators. We arsenal. Beginning with this issue, readers can
have also updated our Vision Statement to read enjoy a new column, “Practical Competitive
“[p]osition AALL members as the recognized Intelligence” by Kevin Miles, which begins by
authority and experts in all aspects of legal breaking down the basics of conducting effective
information.” The new strategic plan and vision reference interviews to create competitive intel-
puts the focus back on the strengths of our ligence reports for law firms, and will continue
members, our most important resource. The to dive into other cutting-edge topics in future
plan also bridges our 2019 Annual Meeting issues. David Kamien’s article on cross-selling
theme of “Capitalizing On Our Strengths” is also an excellent example of why our mem-
with our 2020 Annual Meeting theme of bers are the hub for legal information needs.
“Unmasking Our Potential.” This new stage This article also provides a great intersection of
in our development as an association has a lot human interaction, technology, and research.
of potential, and I am excited to see where our I hope this issue of AALL Spectrum inspires
members take us. you to find a way to transform something in
This issue of AALL Spectrum focuses on the your library. I am looking forward to serving as
transformation of legal information and its President of AALL as we continue to grow our
effects on librarians. As technology continues membership, our opportunities, and our alliances.
to evolve, so do our titles and areas of exper-
tise. We are no longer simply librarians: we are
now also knowledge managers, competitive
intelligence experts, and more. Technology has
transformed how legal information professionals
work and what services we can offer our stu- Michelle Cosby
dents, patrons, attorneys, stakeholders, etc. michelle.cosby@temple.edu
SEPTEMBER/OCTOBER 2019 | AALL SPECTRUM 5
Save the Date
JULY 11-14, 2020
UNMASKING
OUR
POTENTIAL
www.aallnet.org/conference
UP FRONT
TRENDING
LEGAL INNOVATION
Almost all players in the legal market talk about innovation. But INNOVATION INITIATIVES
what is innovation? Who’s doing it and how do rank-and-file Does your organization have a formal
or informal innovation initiative?
workers handle it? To prepare for their sessions at the 2019 AALL
¡ “We have created both a formal innovation
Annual Meeting and at ILTACON 2019, Ron Friedmann, Marlene team and have had meetings and design
Gebauer, and Darin Fox conducted a “bottom up” survey. That is, sessions. We have also created a new commit-
tee to enhance the client experience, which
instead of targeting law firm management or people with “inno- will also focus on innovation.” – Law Firm
vation” in their job titles, the authors wanted to hear from a broad ¡ “We started with a specific Innovation
cross-section of line managers from across multiple organizations. Lab initiative but the goals and team members
were too broad. It has morphed into specific
A total of 81 responses were received; the majority from law firms programs within Practice Management,
KM, a process improvement program, and
and law schools. Here are highlights from the survey. internal app developments.” – Librarian,
Law Firm
BARRIERS TO INNOVATION ¡ “Very informal, but always focused on
continuous process improvement—
The chart below shows the four most common reasons survey respondents eliminating waste and applying innovation.”
gave as barriers to innovation. Answers were tagged in four categories. – Office of General Counsel
¡ “Committee: Innovation in Legal Practice”
– Law School Administrator
Law School What challenges do you face in
implementing innovative technologies,
workflows, or strategies?
¡ “Adoption is always challenging, even
where there is an obvious use case and where
the tool clearly matches and addresses an
Law Firm
existing pain point.” – Law Firm
¡ “Lack of library department staff; little buy-in
from management.” – Librarian, Law Firm
¡ “Financial. Buy-in from users. Tech does not
Corp. Law work as described.” – Librarian, Law School
Dept.
¡ “Change management … getting people
No Management Buy-In comfortable with even trying something new
No Funding or No Staff Availability and different.” – Office of General Counsel
Agency Adoption is Hard View the full survey results at
or Court Lawyers Don’t Have Time bit.ly/SO19Surveyresults.
AALL2go EXTRA
0 5 10 15 20 25 Listen to the 2019 AALL Annual Meeting
Number of Responses. Multiple tags allowed. session “Hot Topic: Embracing Sustainable
Innovation Initiatives to Build a Future-
Focused Library,” at bit.ly/AM19Friedmann.
Content provided by Ron Friedmann (Chief Knowledge & Information Officer at LAC Group); AALL panelists:
Marlene Gebauer (Greenberg Traurig) and Darrin Fox (University of Oklahoma); and ILTA panelists: Cheryl
Disch (Duane Morris) and Joshua Fireman (Fireman & Company).
SEPTEMBER/OCTOBER 2019 | AALL SPECTRUM 7
UP FRONT
NEWS & NOTES
AALL Executive Board Actions / Summer 2019 2019-2020 CALENDAR
OCTOBER 2019
The AALL Executive Board met July 11 in Washington, DC, just prior to the 01 AALL Executive Board election opens
start of the AALL Annual Meeting & Conference. During this meeting, the 10-12 Western Pacific Chapter, American
Executive Board considered a number of agenda items and approved the Association of Law Libraries Annual
following actions: Chapter Meeting
17-19 Mid-America Association of Law
¡ The appointment of Meg Kribble, Skadden, Arps, Slate, Meagher & Flom Libraries Annual Chapter Meeting
LLP, to serve as chair of the 2020-2021 Annual Meeting Program Committee.
18 AALL Competitive Intelligence
¡ The appointment of Angela Baldree (Franklin County Law Library) and Foundations
Rob Myers (Case Western Reserve University Law School Library) to serve 23-25 Ohio Regional Association of Law
as co-chairs of the Local Arrangements Committee for the 2021 Annual Libraries and Michigan Association
Meeting in Cleveland, Ohio. of Law Libraries 70th Annual Meeting
and Conference
¡ The AALL operating budget for the 2019-2020 fiscal year, which begins on 31 AALL Executive Board election closes
October 1, 2019.
NOVEMBER 2019
¡ The 2019-2022 AALL Strategic Plan.
¡ Increasing the Indexing of Periodical Literature Committee from seven to ten 01 AALL Executive Board election
members. results announced
07 AALL Fall Finance & Budget
¡ Revisions to the current AALL Preservation Policy. Committee Meeting
¡ Increasing the size of the current CPE (Continuing Professional Education) 07-09 AALL Executive Board Fall Meeting
Committee by six members. TBD AALL 2020 Program Selection
Meeting
The Executive Board book and related materials are available on AALLNET at
bit.ly/AALLboard0719. MARCH 2020
06-07 AALL Winter Finance & Budget
General Business Meeting Actions Committee Meeting
27-28 AALL 2020 Leadership Academy
APRIL 2020
The General Business Meeting was held July 15 during the 2019 AALL Annual
Meeting & Conference in Washington, DC. The meeting kicked off with reports 02-04 AALL Executive Board Spring Meeting
from AALL President Femi Cadmus and President-elect Michelle Cosby. The
update included a recap of the Association’s work this past year, as well as a JULY 2020
look at the new three-year strategic plan that consists of three pillars: Talent,
09 AALL Executive Board Summer
Engagement, and Alliances. They also announced that new eLearning courses would Meeting
be coming down the pipeline as the next step for the Body of Knowledge.
11-14 113th AALL Annual Meeting &
Conference, New Orleans, LA
Treasurer’s Report
Following the Association highlights, AALL Executive Board Treasurer Jean
L. Willis presented her treasurer’s report to the membership regarding the
••••
Association’s financial statement for the 2018 fiscal year. To view the entire QUICK LINKS
report, visit bit.ly/MJ19Treasurer.
AALL ANNUAL MEETING
bit.ly/AALL2020
UELMA Resolutions AALL EDUCATION
Four Resolutions were approved in support of the Uniform Electronic Legal bit.ly/AALLeducation
Material Act (UELMA): AALL CI FOUNDATIONS
bit.ly/AALLFoundations
¡ Revisions to the 2013 AALL Uniform Electronic Legal Material Act
Resolution AALL LEADERSHIP ACADEMY
bit.ly/AALLacademy
8 AALL SPECTRUM | WWW.AALLNET.ORG¡¡Resolution Celebrating the Adoption ¡¡Vice President/President-elect ¡¡Secretary
of Iowa’s Uniform Electronic Legal Emily Florio Luis Acosta
Material Act ¡¡Executive Board Members
¡¡Treasurer
¡¡Resolution Celebrating the Adoption Cornell H. Winston Beth Adelman, Jean P. O’Grady,
of Michigan’s Uniform Electronic June Hsiao Liebert, Karen Selden
Legal Material Act ¡¡Executive Board Members
Emily M. Janoski-Haehlen Acosta also introduced the candidates
¡¡Resolution Celebrating the Adoption & Jason R. Sowards for the 2020 Executive Board election.
of Texas’s Uniform Electronic Legal The election will be open to all members
Material Act Continuing on the Executive Board
from October 1 to October 31, 2019.
will be:
Read more about the candidates at
Newly Elected AALL Board
¡¡President bit.ly/AALLvote2020 and view their
Immediately following Jean Willis’
Michelle Cosby statements at bit.ly/AALLbios2020.
presentation, AALL Executive Board
Secretary Luis Acosta introduced ¡¡Past President
the newly elected Executive Board Femi Cadmus
Members for 2019-2020:
Your Blueprint for Success
[BoK]
The AALL Body of Knowledge (BoK)—designed to serve as a blueprint
for career development—defines the domains, competencies, and skills
today’s legal information professionals need for success.
LEARN MORE
Visit www.aallnet.org/bok.
SEPTEMBER/OCTOBER 2019 | AALL SPECTRUM 9UP FRONT
NEWS & NOTES
AALL Champions /Membership Update
AALL Champions are ambassadors to the ¡ John DiGilio ¡ Evelyn M. Quillen
legal information profession and to AALL. ¡ James E. Duggan ¡ Holly M. Riccio
Thank you to our champions.*
¡ Amy J. Eaton ¡ Julie Tessmer Robinson
¡ Luis Acosta ¡ Mark E. Estes ¡ Diane M. Rodriguez
¡ Elizabeth G. Adelman ¡ Stacy Etheredge ¡ Maureen Rossi
¡ John Adkins ¡ Susan Falk ¡ Anna C.B. Russell
¡ Amy Affelt ¡ Emily R. Florio ¡ Karen Selden
¡ Jamie J. Baker ¡ Krista Ford ¡ Merle J. Slyhoff
¡ Rhea Ballard-Thrower ¡ Eugene M. Giudice ¡ Keith Ann Stiverson
¡ Patricia Barbone ¡ Marcia Hannon ¡ Maryruth Storer
¡ Donna Bausch ¡ Edward T. Hart ¡ Kay Todd
¡ Marcia Bell ¡ Joseph Hinger ¡ Victoria Trotta
¡ Anne R. Bernardo ¡ Mary Jenkins ¡ Gretchen Van Dam
¡ Michael G. Bernier ¡ Jacqueline J. Jurkins ¡ Ed Walters
¡ Jim Braden ¡ Billie Jo Kaufman ¡ Gail Warren
¡ Sharon Bradley ¡ Mary Ann Keeling ¡ Jean M. Wenger
¡ Justin Brownstone ¡ Meg Kribble ¡ Andrew Winston
¡ Jonathan A. Burns ¡ Amy Latalladi-Fulton ¡ Cornell H. Winston
¡ Kathy Carlson ¡ Catherine Lemann ¡ Sally H. Wise
¡ Emily Carr ¡ June Hsiao Liebert
Learn More at
¡ Kurt Carroll ¡ Charles Lowry bit.ly/AALLchampion
¡ Dr. Yvonne J. Chandler ¡ David S. Mao
¡ Miriam D. Childs ¡ Beth Maser * AALL Champions as of June 14, 2019.
Members who became champions
¡ Charles Dewey Cole Jr. ¡ Kathryn McRae
after June 14 will be recognized in next
¡ Cattleya Concepcion ¡ Allen R. Moye year’s September/October issue of AALL
¡ Linda Corbelli ¡ Savanna Nolan Spectrum.
¡ Michelle Cosby ¡ Alicia M. Pappas
¡ Andre Lamar Davison ¡ Charles A. Pipins II
Statement of Ownership organization authorized to mail at special circulation: not applicable (i.e., no sales
and Management rates (Section 423-12, Domestic Mail Manual), through dealers and carriers, street ven-
AALL Spectrum, publication No. 1089-8689, the purpose, function, and nonprofit status dors, and counter sales). Mail subscription:
is published bimonthly (2019-2020 [January/ of this organization and the exempt status Average, 3,735; Actual, 3,934. Free distribu-
February, March/April, May/June, July/ for federal income tax purposes have not tion by mail, carrier or other means, sam-
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Chicago, IL 60603-6225. Annual subscription “Average” figures denote the average num- distributed: office use, leftover, unaccounted,
price, $75. American Association of Law ber of copies printed each issue during the spoiled after printing: Average, 320; Actual,
Libraries, owner & publisher; Vani Ungapen, preceding 12 months; “Actual” figures denote 320. Returns from news agents: not appli-
executive director; Steven A. Lastres, actual number of copies of single issues cable. Total (sum of previous two entries):
editor; Heather Haemker, managing editor. published nearest to filing date: August 19, Average, 4,229; Actual, 4,648 Percentage paid:
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10 AALL SPECTRUM | WWW.AALLNET.ORGTHANK YOU!
AALL thanks its generous sponsors for helping to make
the 2019 AALL Annual Meeting & Conference a success.
GOLD
SILVER
BRONZE
®
CONTRIBUTOR
FRIENDS OF AALL
Want to be involved? Visit bit.ly/AALLsponsor to learn more.
SEPTEMBER/OCTOBER 2019 | AALL SPECTRUM 11UP FRONT
MEMBER PROFILE
VANTAGE
POINT
MICHELLE HOOK DEWEY
3 LEGAL RESEARCH SERVICES MANAGER
3 BAKERHOSTETLER LLP
3 ATLANTA, GA
IF YOU WROTE AN AUTOBIOGRAPHY,
WHAT WOULD ITS TITLE BE, AND WHY?
FAVORITE THING ABOUT YOUR JOB? “And I Ask Myself: How Did I Get Here?”
That I get to work for and with some It would be the story of my uncommon
amazingly smart and innovative people path to adulthood. I took a few side trips
who recognize the value legal information and detours, but I think I ended up in
professionals bring to the table. I love exactly the right spot.
being in a position to suggest ideas and
explore new technologies that help my
team develop their skills and grow the
definition of what a librarian is.
WHAT’S YOUR GREATEST ACHIEVEMENT
AND HOW HAS IT SHAPED YOU?
My greatest achievement is that I am
where I am today—well educated, happy,
FAVORITE QUOTE?
and in a profession I love. My path wasn’t
“To live in this world, you
straightforward, and I didn’t go to
must be able to do three
college until later. Going back as an adult
things: to love what is
and completing four degrees is a HUGE
mortal; to hold it against
accomplishment and not one I would have
your bones knowing your
foreseen in my early twenties. It reminds
own life depends on it; and,
me it is never too late to explore your
when the time comes to let it
passions, learn new things, and create a
go, to let it go.” It’s from “In
new path.
Blackwater Woods,” by my
favorite poet, Mary Oliver.
Photo © 2019 by Atlanta Headshots
ADVICE TO YOUR 20-YEAR-OLD SELF?
Chill out. Do not sweat the small stuff.
At 20 you feel like every action has a
ripple effect, but it really doesn’t on the
scale you think it does. That grade in
Chem? No one cares at 40.
12 AALL SPECTRUM | WWW.AALLNET.ORGSHELF LIFE / PERSONAL INSPIRATIONS EDITION
TRANSFORMATION OF LAW
In your career, who has been your most inspirational guide through
the transformation of law?
••••
••••
••••
••••
DARIN K. FOX THOMAS SNEED HOLLY M. RICCIO MARY JENKINS
Associate Dean, Director of the Law Associate Professor & Director of the Law Librarian; San Francisco, CA Manager, Research Solutions;
Library and Professor of Law at the Law Library; Washburn University Senior Law Librarian; Accufile, Inc.;
University of Oklahoma Law Library; School of Law; Topeka, KS
“Over the course of my legal
Lexington, MA
University of Oklahoma College of Law; information professional career,
Norman, OK
“My answer is a bit outside the there are many that have influ- “I am grateful to my colleagues
box. Charles Boteler is a retired enced me. However, two influ- who ponder out loud about
“Change driven by technology trial court judge from Kentucky, ential figures that stand out for emerging technologies, knowl-
has been a constant in librar- and I was his law clerk during my me may be a bit off the beaten edge management, and the
ianship during my 25-year first job after law school. I have path. One is KM (knowledge legal profession in general.
career. I’ve been influenced only spoken to Judge Boteler a management) innovator Jeff I’ll name Marlene Gebauer
by a wide range of technology few times in the last 15 years, Rovner at O’Melveny & Myers. and Greg Lambert’s podcast
enthusiasts. Vint Cerf, one of the but he is a valuable presence for Working with him opened my “The Geek in Review” as my
founders of the internet, was kind me on social media. He regularly eyes to (1) looking outside of go-to—not just because they
enough to speak to me about a posts on current legal and politi- legal for inspiration and ideas reveal their inspirations in each
new tool called the World Wide cal events, discusses legal works (what is it about the user expe- episode, but also because Greg
Web when I was just a library he is reading, and stays plugged rience that makes Amazon and Marlene interview people
school student at Illinois. AALL’s into the legal profession. With my and Netflix so sticky?) and (2) with broad perspectives and
Computer Services Special hectic schedule, he does a great focusing on understanding the interesting research and proj-
Interest Section (CS-SIS), the job of keeping me up to date on problem, and then identifying ects. They reflect on the rele-
Center for Computer-Assisted legal issues—without him even the right solution, technological vance of the work we do and
Legal Instruction (CALI), and the knowing it. Just another example or otherwise. Another strong the connections we have across
teknoids listserv created a com- of why we should keep our past influencer is Margaret Hagan the legal industry. I appreciate
munity for me as a new computer mentors on the Rolodex and our at Stanford’s Legal Design Lab. Marlene and Greg’s willingness
services librarian at the University Facebook accounts!” After hearing her speak at a to speculate, their vulnerability
of Southern California. My first CodeX FutureLaw conference, and intelligence, and the fun
boss, Albert Brecht, taught me I was immediately drawn to that they have along the way.”
how to approach technology the design thinking concept
as a professional. Recently, I and how it can be leveraged to
have been inspired by librarian- improve not only access to jus-
technologists, such as Jean tice, but also to creating better
O’Grady, June Liebert, Ken Hirsh, legal services more broadly.
Greg Lambert, Kenton Brice, and The commonality between
ABA TECHSHOW speakers, such these two approaches to legal
as Jim Calloway and Ed Walters. technology is that they both
It is an exciting time of innova- put the user first and recognize
tion and experimentation for law that technology is only truly
libraries, law schools, and the successful when it addresses a
legal profession.” real need in an intuitive, user-
friendly way.”
SEPTEMBER/OCTOBER 2019
SEPTEMBER/OCTOBER AALL SPECTRUM
2019 || AALL SPECTRUM 13
13DATA-DRIVEN LEGAL SERVICES NEW ROLES FOR INFORMATION PROFESSIONALS TO MAKE LAW FIRMS MORE COMPETITIVE BY ED WALTERS & KATHERINE LOWRY 14 AALL SPECTRUM | WWW.AALLNET.ORG
How artificial intelligence
and data-driven analytics tools
are helping firms gain and
keep new clients.
T
he first wave of artificial to contracts to document management
intelligence (AI) and data systems. Law firms are repeat players
analytics applications is in legal services, representing diverse
being adopted in law firms, clients across many different industry
from supervised learning types, but most law firms remain ill-
systems for discovery to equipped to answer clients’ data-driven
contract review and legal research questions with data-driven legal services
applications. Just beyond the horizon, and solutions.
however, a second wave of AI applica- This AI and analytics maker move-
tions is being built—apps that are being ment, especially in the knowledge man-
built by law firms, rather than software agement and law library centers in law
companies. firms, can create new, data-driven legal
This “maker movement” in law services to answer these kinds of ques-
firms is just getting started, but it is tions. This movement also holds the
not too early to canvas some of these promise of services that proactively help
applications. They may show where clients avoid risk, which is more valu-
data analytics and AI are headed in law able to clients than litigating after the
firms and presage some of the new legal fact. New, data-based legal services may
services that law firms will offer in the also increase the size of the legal market
near future. Although there is no cause and help firms win new clients.
for breathless claims of robot lawyers Firms that can automate some of
coming to take our jobs, the last few the most time-consuming tasks of pro-
years have seen interesting new software viding legal services can also provide
applications that augment traditional, the services at lower cost and help many
human lawyering. more clients, including those without
Most interesting of all, these new the means to comfortably hire a lawyer,
applications are not being built by data but who nevertheless do not qualify
scientists—they are being created by for assistance from legal aid. Rebecca
information professionals from across Sandefur’s now-famous 2014 study
the spectrum at law firms, and much showed that some 80 percent of people
of the best work is being done by law with legal problems don’t address them
library professionals. with the help of a law firm.
By and large, people who handle
The Next Generation of legal matters themselves fare less well
Legal Services than people who have the benefit
Clients bring some of their most of counsel. This means that the vast
important and challenging issues to majority of people with a legal prob-
law firms, and many of their questions lem are disadvantaged because they do
concern data. Questions about market not or cannot avail themselves of legal
prices or contract terms ask about data. counsel, which suggests that there is a
Many questions of litigation strategy, latent market for legal services.
such as where to file or how much to The hope of access-to-justice advo-
offer in a settlement, are informed using cates is that law firms can use AI, data
data analytics and the underlying data analytics, and automation to deliver
from past cases. newer and better legal services at lower
Law firms are giant warehouses of prices to more people. But AI is not just
this kind of data, from billing systems a way to reach this latent market.
SEPTEMBER/OCTOBER 2019 | AALL SPECTRUM 15Corporate clients are demanding that routine. Computer scientists often muse Dentons, a large law firm, created
law firms become more sophisticated about artificial intelligence that “once it its own legal innovation lab, NextLaw
about understanding their own costs. In works, we stop calling it AI.” Labs. It has invested in start-ups
2017, Microsoft announced that it was That may be why lawyers look from Canada, the United Kingdom,
shifting away from paying hourly rates past the AI tools they use in practice. the United States, and South Africa.
for its outside counsel. As a result, more Electronic discovery (or technology- BakerHostetler created IncuBaker to
law firms are now using AI and data assisted review) that uses supervised engage their attorneys and clients with
analytics to better understand their own learning now yields higher accuracy and developing technologies such as block-
costs, thereby allowing corporate clients recall than that of human reviewers. chain, AI, and data analytics. Law
to forecast more accurate legal budgets Lawyers also use third-party tools such firms are even creating and marketing
in advance. Corporations budget years as RAVN from iManage to categorize their own software. U.K. law firm
in advance for all kinds of expenses, and summarize documents or LawGeex Taylor Vinters incubated and launched
even variable ones, for all kinds of to ensure the consistency of contracts. ThoughtRiver, an AI-based contract
spending, with the notable exception of The ceiling for legal work will be management tool.
legal spending. Law firms that use AI, defined by the custom tools that law
data analytics, and automation to better firms are just starting to build. Take as The Maker Movement In Law Firms
understand and control their costs will be an example the knowledge manage- Law firms are becoming laboratories of
more competitive and better positioned ment systems that larger firms have experimentation in AI tools, spawning
to win work from clients who need to built over the last 10 years. These a generation of “makers” in the legal
budget their legal expenses the same way systems were designed to collect and services industry. Law firms are using
they budget their other expenses. leverage the combined wisdom of AI to dig deep into their matter histories
Equally important to clients, when firm lawyers over many years, thereby to understand the resources required
law firms bid fixed fees on their engage- providing noncommodity insights for to handle different kinds of client mat-
ments, those firms become highly future legal matters. Similarly, the ters. Clients are increasingly requesting
incentivized to work more efficiently. AI tools of the next few years will fixed-fee engagements or alternative fee
Law firms still have a long way to go to leverage the private data of law firms agreements from law firms. But if those
understand staffing and efficiency, but to create unique insights unattain- firms do not understand their costs, a
new tools are helping them to under- able by other law firms because they fixed-fee engagement poses a serious
stand their costs. For example, Digitory will be generated from the collective risk of cost overruns borne by the firm.
Legal uses AI to understand past bills to experience of lawyers and their work So instead of hand coding and
help law firms create accurate litigation product from a particular firm. AI curating past bills, firms are using AI
budgets, a task that was previously con- is the accelerator of increasing a to understand the range and distribu-
sidered impractical. firm’s competitive advantage, and the tion of costs, computing the mean and
power of this capability should not be median costs for similar matters and
How Law Firms Use AI, Automation, underestimated. looking for facts that create outlier con-
and Analytics By building its data analytic solu- ditions. Understanding costs mitigates
Law firms that use AI built into a third- tions and chatbot technology from the risk for clients and for law firms, and it
party tool, or analytics reports from ground up, BakerHostetler is one such can help those firms be more competi-
legal research services, can leverage firm driving this change. The firm tive when seeking new business.
important new insights for the benefit places a strategy called Augmented Similarly, law firms are looking at
of clients. Using third-party tools offers Legal Practice at the heart of its inno- litigation analytics more than ever to
advantages over using no tools at all. vation strategy, employing AI, automa- determine litigation strategy—in no
Indeed, reporting analytics and AI tools tion, and cognitive services as a way to small part because the tools are better.
should be the new floor. In the near optimize processes to meet the demands Tools from the recently launched Lexis
future, law firms that do not use AI or of corporate clients. Analytics and from Docket Alarm give
analytics tools will scarcely be able to Law firms leverage technology and users a much deeper look than ever
compete for new business. new services to differentiate themselves before into the strategies, judges, and
This is hardly groundbreaking; law- in the marketplace. One key observa- law firms that help firms understand lit-
yers have been using AI in their practices tion is that some firms have created igation outcomes. Formerly the domain
for years. Every time Microsoft Word dedicated teams to focus on innova- of federal courts only, these tools are
autocorrects a spelling error, it’s using AI. tion. Governance levels of these teams now expanding into state courts as well.
Smart speakers such as Amazon’s Alexa range from informal to formal. Those Markets may drive this trend toward
or Apple’s Siri use speech recognition with the most support and direction a deeper understanding of legal analyt-
and smart algorithms. Software that con- from upper management tend to have ics. Clients need better information to
verts PDFs to text uses optical character the largest advancements and greatest make strategic decisions about litigation,
recognition in a way that now seems sophistication. and they are becoming increasingly
16 AALL SPECTRUM | WWW.AALLNET.ORGsophisticated about pricing risk. In six-figure price tag for the AI of old, Clients value firms that vigilantly
addition, litigation financing compa- Watson application programming inter- understand their needs. Firms must
nies will have hundreds of millions of faces now cost fractions of a penny per keep up with their clients’ changing
dollars at stake, so they will demand call. (But be careful, those penny frac- strategic visions.
that firms use analytics to understand tions can add up!) Law firms have a great opportunity
the risks at trial. Lastly, there is more open-source AI working with the next generation of
Expert witnesses have similarly been software than ever before. TensorFlow data analytics tools and AI. They can
a mystery to many litigators for years; from Google is perhaps the best known reach latent markets for legal assistance,
understanding the strengths or weak- in this genre of open-source AI soft- develop new and deeper insights for
nesses of different experts, or their chal- ware. But last year LexPredict released sophisticated corporate clients, and
lenge histories, is a difficulty that faces the first open-sourced AI tool specif- gain a differentiated strategic advan-
firms large and small. Litigators are ically for lawyers, ContraxSuite. The tage over trailing firms. The market is
now using AI tools such as Fastcase’s AI ContraxSuite platform can be used to ripe for firms to drive innovation and
Sandbox to combine their own expe- analyze documents, extract and orga- transform delivery of legal services. It is
rience with those of expert witnesses, nize information, and visualize the data a formative time for attorneys and law
then factoring in expert witness data for clearer understanding. library professionals to explore solutions
from Courtroom Insight, to create together. ¢
their own custom dossiers for expert An AI Future for Law?
witnesses. Will law firms adopt AI? Remember
that 25 short years ago, people were Research + Analytics
seriously asking whether lawyers would Information Management
New Tools and New Legal Services
How is it possible for law firms, long ever use the internet. We are just at the
reputed to be technological laggards, to leading edge of the AI revolution in law, AALL2go EXTRA
build their own tools for pricing risk or but we are not waiting for it to begin. Listen to the 2018 AALL Annual Meeting
program “Powered by AI, Built in the Law
driving litigation strategy? The trend is Law firms are already using AI tools,
Library,” at bit.ly/AM18AIlaw.
powered by several of the same forces and now they are using AI to build new
that have more generally driven the tools for themselves. This is not a revolu- READ
advance of AI. tion for the next generation: it’s an important Ed Walters and Morgan Wright’s article
First, there is now more legal data opportunity for ours. “Putting Artificial Intelligence to Work in
Law Firms,” from the September/October
than ever to train machines. Law firms Perhaps it is easiest to think about
2018 issue of AALL Spectrum at
have vast document repositories, and what will happen if firms don’t use bit.ly/SO18Walters.
legal research databases are less expen- AI. For one thing, their peer firms are
sive than ever before. There is more already starting to use AI, and that liter-
information available from email and acy makes those firms more competitive
© 2019 BY ED WALTERS
the internet generally for firms to use. for client business. Firms that do not
Second, processors continue to scale learn to use these tools will become less
according to Moore’s Law, doubling in competitive.
processing power and halving in size If their law firms do not use AI to
and cost every two years. Computing deliver legal services, corporate legal ED WALTERS
departments will take more of the legal CEO
power is now a commodity, and law Fastcase, Inc.
firms can more easily use cloud com- analysis work in-house. In 2016, corpo- Washington, DC
puting platforms such as Amazon Web rate legal departments brought in-house
Services, Microsoft Azure, or Google $4 billion worth of work from outside
Cloud to massively process data at scale. counsel. Corporate clients—under
© 2019 BY KATHERINE LOWRY
Third, the AI tools are better and intense internal pressure to reduce the
easier to use now. We think of IBM overall costs of legal services—are tak-
Watson as a monolith that beat Ken ing control of their matters and manag-
Jennings and Brad Rutter at Jeopardy!, ing the work of their outside law firms
Image © Istockphoto.com/BrianAJackson
but Watson is more properly a collection to a degree never before seen. As client KATHERINE LOWRY
sophistication grows, law firms must DIRECTOR OF PRACTICE SERVICES
of discrete pieces of software, or appli-
BakerHostetler
cation programming interfaces, that question exactly where their role fits Cincinnati, OH
accomplish specific tasks. Today you into the landscape of the legal industry. klowry@bakerlaw.com
can use more than 60 of IBM’s Watson Firms that can adjust service, pricing,
Cloud Developer application program- legal work processes, talent manage-
ming interfaces—and get started with ment, and overall structure will enjoy
many of them for free. Instead of the an enormous competitive advantage.
SEPTEMBER/OCTOBER 2019 | AALL SPECTRUM 17THE TRANSFORMATION
OF THE LAW FIRM
AN OVERVIEW OF THE NEW NORMAL
IN LEGAL SERVICES
BY EVAN J. SHENKMAN
N
o industry is immune to disruption, not even legal. After decades
of white-shoe dominance, today’s law firms now face pressing
challenges not only from peers, but also from in-house legal
teams (trying to handle more work on their own, and aiming to
pay less for the work they send out), Big Four accounting firms
(eyeing entrance into the U.S. legal market), and upstart alterna-
tive legal service providers (including LegalZoom, and a burgeoning industry of
mobile apps offering users the ability to litigate small matters with a few swipes
and clicks).
18 AALL SPECTRUM | WWW.AALLNET.ORGWhat’s a law firm to do? Prudent firms know-how for future use, and making to contribute (rather than store) their
realize they can no longer rest on their relevant people, documents, informa- “secret sauce” exemplar documents,
laurels, and that having a reputation tion, experiences, and processes easier share their experiences (good and bad)
of being smart, savvy, and connected is to quickly locate within the firm, at a with their colleagues, donate time to
no longer enough. Instead, they must moment’s notice (and even during that trial and pilot new tools and services,
continually seek opportunities to make after-hours phone call). Once mature, and commit to a firm’s spirit of innova-
their client relationships stronger, their KM practices allow attorneys to more tion. But with so many clients selecting
arguments more persuasive, their advice efficiently provide higher quality, and law firms because they are smarter,
sounder, and their bills leaner. Law more consistent, work product. faster, leaner, and more innovative,
firms addressing these challenges have Common KM initiatives at today’s securing attorney buy-in for KM initia-
fundamentally changed the way they leading law firms include: tives is now easier than ever.
work, research, and market themselves: Legal Project Management (LPM)
they have gone from being knowledge ¡¡enterprise search (systems that make efforts are also increasing in popularity,
a law firm’s documents, matter infor-
hoarders to knowledge sharers; from as efficiency and transparency is at a
mation, client information, timecard
billable-hour machines to alternative- premium. LPM is the application of
information, and more, all search-
fee-arrangement client-partners; and classic project management concepts to
able in one standalone system);
from instinct-driven to AI- (artificial the practice of law. It is concerned not
intelligence) and analytics-driven ¡¡precedent collections (brief banks, with the substantive legal work itself, but
decision makers. model documents, checklists, tem- instead with the process and mechanics
This article is the first in an AALL plate forms); of how legal services are provided to
Spectrum series covering this important the client.
transformation. Here, we take a high- ¡¡document automation and assem- While firms differ in the scope of
bly (allowing attorneys to create
level survey; over the months to come, their LPM efforts, the discipline gen-
a template form once—such as a
we’ll cover the changes in greater detail. erally entails formally defining and
real estate agreement or settlement
While the pressures are real, solutions scoping matters at the outset, efficiently
agreement—and then automatically
abound for proactive firms willing to staffing matters, hitting client-service-
generate hundreds of customized
transform. related milestones (such as periodic case
versions from those forms);
assessments and check-ins) on time,
Knowledge Management and Legal ¡¡artificial intelligence-assisted doc- and, upon completion, ensuring an
Project Management ument review and preparation after-action review takes place. LPM
Imagine, for a moment, that someone (software that can review contracts efforts tend to gain the most traction for
from a large, multi-state company has and instantly identify key or missing larger client engagements on an alter-
made an after-hours phone call to a law clauses, perform e-discovery docu- native-fee arrangement basis, where
firm: the company has received a class ment review, or that can analyze a firms are penalized for inefficiency and
action lawsuit over their background complaint and automatically gener- praised for adhering to the client’s bud-
check paperwork, and they want the ate a draft answer or draft discovery); gets and expectations.
case handled by someone who not only
knows the law backwards and forwards, ¡¡practice group/client team Innovative Client-Facing Offerings
but who also addresses their concerns collaboration sites (often built
Beyond the baseline expectation of
and provides service efficiently, without on SharePoint, they offer a well-
sound legal advice and representation
any surprises. The associate answering organized access point for key
(nowadays, that’s just table stakes),
the call wants to impress, but he’s the internal sources and relevant
clients are increasingly expecting inno-
external secondary sources); and
Image © Istockphoto.com/Metamorworks
last person still at work, and he doesn’t vative bells and whistles from their law
know the topic, the judge, whether his ¡¡data analytics systems (to track a firms. Law firms offer these client-facing
firm has ever handled similar cases, firm’s litigation track record on tools and services, either as value-added
how they turned out, or what they cost similar matters). services to increase client stickiness, or
to defend. Gulp. as standalone revenue generators.
Knowledge Management (KM) Admittedly, KM initiatives require Client-facing extranet dashboards,
initiatives are the solution to such chal- meaningful attorney cooperation and for instance, have become a common-
lenges. KM is about capturing a firm’s buy-in, since they require attorneys place offering by law firms. Akin to the
SEPTEMBER/OCTOBER 2019 | AALL SPECTRUM 19online banking experience, these secure, with summaries of key laws, 50-state Firms have also entered into the
customized websites—which are typi- surveys, customized legal forms (such publishing world, both online and
cally provided to clients at no cost—can as arbitration agreements and employ- in print. Beyond publishing physical
afford a law firm’s clients much more ment applications), and even answers books, treatises, and substantive reports
transparency into their matters and to fairly sophisticated legal questions on legal topics, they are increasingly
financials, including real-time access to via a TurboTax-like experience. Of drafting articles for a number of third-
key documents and matter information, course, the documents and analyses party research and news platforms
budgets and fees billed, as well as a provided by these services require sig- (Practical Law, Bloomberg Law, Law
means to collaborate in real time, share nificant maintenance on the backend 360, and so on), aiming to bring in new
file capabilities and even sophisticated to ensure legal compliance and cur- business, or showcase the firm’s exper-
client analytics, stats, and trends about rency; the backend research and updat- tise. These publishing roles are often
their litigation experience. Extranets ing roles are often heavily supported by supported by law librarians.
can also include value-added, general legal researchers, and then reviewed by A more subtle—but important—
legal summaries and overviews, white- firm counsel. change taking place is the inclusion of
papers, helpful checklists and guides, KM, research, and/or IT personnel at
and continuing legal education oppor- AI- and Data-Driven Research client pitch meetings, right alongside
tunities. It is not hard to see how a It will not surprise this article’s readers the attorney team. These attendants
well-designed, helpful extranet site can to report that AI-augmented research are best suited to explain what pro-
strengthen the client relationship, or aid platforms (such as CARA AI and ROSS cesses and protocols the firm uses
in reeling in a new client. Intelligence) and data analytics research for creating, tracking, and leveraging
A smaller number of law firms have platforms (such as Bloomberg Analytics institutional knowledge, how the firm
rolled out subscription-based legal and Lexis Analytics—including Lex innovates, how the firm uses technol-
update services or logic-based web Machina, Ravel Law, and Intelligize— ogy and advanced research to provide
applications. These services—typically Trellis, Westlaw Edge, and Premonition, more consistent and higher-quality
made available to clients at a small among others) are gaining significant legal advice, and what value-added
fraction of what they would pay on an traction in law firms. In an industry innovations the firm can offer.
hourly-rate basis—can provide clients where knowledge is king, lawyers are
embracing services that make legal What’s Next for Law Librarians?
research faster and more accurate, While these may be challenging times
and that offer unprecedented insights for law firms, they are also exciting ones
into the tendencies of judges, neutrals, for AALL members: there are critical
In an industry where knowledge
adversaries, and parties. This treasure pieces in each of the above initiatives
is king, lawyers are embracing trove of newly available research can be tailor-made for the skills and abilities
services that make legal research used not only for classic legal research of legal librarians and researchers. Stay
faster and more accurate, and that purposes, but also for case assessments, tuned as this series continues in the
offer unprecedented insights into development of budgets, competitive November/December issue. ¢
the tendencies of judges, neutrals, intelligence, and business development.
adversaries, and parties. Marketing and Publications Research + Analytics
Law firm marketing efforts have also Management + Business Acumen
transformed to meet today’s law firm
pressures. First, competitive intelli-
© 2019 BY EVAN J. SHENKMAN
gence research has grown so important
that many firms now have dedicated
researchers or research teams to handle
that important role, often augmented by
the AI- and data-driven research offer- EVAN J. SHENKMAN
ings referenced above. DIRECTOR OF KNOWLEDGE
MANAGEMENT COUNSEL
In terms of marketing, many firms AND RESEARCH
now have a robust social media pres- Ogletree Deakins LLP
ence, posting articles, blog posts, alerts, Morristown, NJ
evan.shenkman@ogletree.com
and newsletters to Facebook, Twitter,
and LinkedIn. The latest trend for law
firm marketing is the podcast, with
many firms trying their hand at that
medium.
20 AALL SPECTRUM | WWW.AALLNET.ORGYou can also read
