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Unless You Ask: A Guide for Law Departments to Get More From External Relationships

Keesal, Young & Logan is First Law Firm to Pass the Legal Tech Assessment [Annotated Version]

Lawyers, could you pass this test? – Washington Post

Why GC’s Want To Test Your Tech Skills

Flaherty named one of the Fastcase 50

Flaherty named ABA Legal Rebel

Business Accelerator NextLaw Labs Adds Flaherty to Advisory Board

Casey and the Case for Change

 

Recent

I wrote a book. I hope you like it.

Shell Legal – Reverse Rate Auctions and the Durable Billable Hour

Shell Legal – Shadow Billing

Sorry, technology isn’t easy – you take the time to learn, or you lose

Tech comes naturally to ‘digital native’ millennials? That’s a myth

Buy new technology? You must also invest your time in learning it

Solving the other legal education crisis

Competence-based CLE: a different way to learn

Billable Hour Deathwatch

Rising: Supply Chain Management and Alternative Legal Service Providers

 

Publications

ACC Docket

In 2014 and 2015, Casey Flaherty wrote the monthly Tech Toolbox column the flagship publication of the Association of Corporate Counsel. In 2016, he teamed with Vince Cordo, the Global Sourcing Officer for Legal at Shell, to begin a new series on strategic sourcing of legal services centered around an inside account of Shell’s global panel review.

Taming Technology
Inaugural column of Tech Toolbox discussing why technology is necessary to help us deal with the problems associated with technology.

Welcome to the 21st Century, Mr. Hancock
Electronic signatures are not our future. Electronic signatures are our present.

Real-time? Real talk (Real-Time Accruals)
For the remainder of the billable hour’s reign, I suspect real-time matter tracking will be a fixture of the “New Normal.”

The Legal Tech Assessment: Coming to the Internet Near You
Technical competence is not innate. What is needed is a basic framework of understanding developed through structured learning and deliberate practice.

All Sound and No Fury
The Legal Tech Assessment’s objective is to reduce the time and mental energy unnecessarily devoted to low-value added work in order to create more space for ‘real’ lawyering.

Shedding New Light on Legal Billing
Technology is enabling us to shine new light on the dark corners of legal billing.

Copy, Paste, Repeat … No More
We don’t need to jettison copy-and-paste; we simply need to get better at it.

Making the Most of “Free” Hours
Using outside counsel “free” hours for process improvements.

Excel the Killer
Harnessing the power of Excel, the original killer app.

Google Is Elementary, My Dear Watson
Watson, Esq., based on IBM’s Watson, a natural language processing computer, is coming to a law office near you.

A Better Outlook for the New Year
A faster way to clean out your Outlook inbox. With a complementary step-by-step guide.

Measuring What Matters
Metrics and benchmarking through the lense of diversity.

The Cobbler’s Children
Why we should trust but verify when it comes to lawyers use of technology.

Laws of Exponential Growth
Why technology is more attractive than adding headcount for increasing productivity.

Making Tech Work Takes Work
While the allure of technology should be obvious, complementary investments  in implementation, integration, process redesign, and training are all necessary.

The Proof
Integrating tech in you approach quality assurance. Typos is problem.

A Buyer’s Market
Strategic sourcing, deep supplier relationships, and getting beyond price as the sole lever to drive quality improvement.

Digital Hoarders
Info Gov: Defaults drive behavior and our current default is to retain data even after it expires.

Farewell
The end of the Tech Toolbox column and the transition to the series on strategic sourcing.

Shell Sees Legal Team as Instrumental to its Future
The first in a series of articles that will provide an insider’s view on the effort to incorporate professional sourcing methodologies into Shell’s legal operations.

Shell Oil Law Department Strikes All Company Facets – In a Good Way
The theoretical underpinnings and objectives of Shell’s panel review.

Shell Legal – Betting on Data
A data-driven approach to matter pricing.

Shell Legal – People as a Bridge from Data to Information
The best-planned process can be derailed by lack of shareholder buy-in.

A New Role Bridging Business and Legal at Shell
The origin of Shell Legal’s Global Sourcing Officer role and the growing importance of allied professionals in legal.

Shell Legal – Strategic Selection
Outline of Shell’s panel review process.

Shell Legal – RFI
On the shift in emphasis from quality to value.

Shell Legal – Reverse Rate Auctions and the Durable Billable Hour
Engaging with reality. The billable hour endures, even with AFAs.

Shell Legal – Shadow Billing
The durable billable hour still has informational value from a cost accounting perspective.

 

Inside Counsel

The following is a series of articles written by Casey Flaherty and Connie Brenton of NetApp for their monthly column on legal operations.

Achieving Differentiation with the Little Things
Where the base of comparison is one set of outstanding lawyers versus another, velocity of timekeeping can have a considerable impact at the margins.

Rack Rate Fiction (Part 1)
Published billable rates are a fiction because of their tenuous relationship to the underlying reality.

Rack Rate Fiction (Part 2)
Rack rates are data points with limited informational value.

Bad Budgeting
Law firms are data rich but information poor.

On Law Department Responsibility (Part 1)
It is a buyer’s market for legal services. Yet, there remain many glaring deficits in the delivery of legal services that we have not remedied.

On Law Department Responsibility (Part 2)
The trick is to start communicating differently. What follows is a list of first steps towards a more structured relationship with your key law firm partners.

More Than Great Lawyers
While legal insight can be the product of a solitary genius, the delivery of modern legal services demands a mix of people, process, and technology.

The Data Deficit
Proper measurement is a prerequisite to proper management.

To Borrow a Phrase, Just Do It
Small change can still be meaningful change. And an overemphasis on large changes can, like perfection, be an impediment to any change at all.

The 80 Percent Solution
The perfect is the enemy of the good. Departmental improvement initiatives already have enough natural enemies. And perfect improvement initiatives are not just expensive, they are illusory.

 

ABA Journal

A 2013 ABA Legal Rebel, Casey Flaherty intermittently writes  for the ABA Journal‘s New Normal blog.

The End of Lawyers, Period
There is disagreement of the effect capable machines will have on legal employment. The debate should not lose sight of the fact that the law does not exist to permanently keep lawyers in lucrative jobs.

Job-Killing Legal Technologies
Augmentation rather than replacement has been the historical reality of improved legal technology. But it never looks that way initially.

Lawyers and the Fate of Elevator Operators
Instead of worrying about future technologies that might take their jobs, lawyers should be more focused on using existing technologies to serve clients better.

Law Firm Failure–the good kind
Though they are easy to label as Luddites, some law firms are experimenting with technology and alternative means of legal service delivery.

Clients are mad as hell–but also really vague
One reason that law firms are so reluctant to experiment is that they have reason to doubt that clients will reward their successes.

Get rid of the billable hour–but then what?
Eventually, to improve pricing and process, we are going to need to talk about pricing and process. Legal operations and procurement professionals are well suited for that role.

Is the herd finally embracing legal ops and procurement?
The rise of legal operations and procurement are important development in the evolution of the legal marketplace. They will be even more powerful if they foster collective conversations that include the entire legal ecosystem (law firm, alternative providers, technology vendors, law schools).

‘Analytics for Dumm…’ eh, lawyers
A simple introduction to the use of analytics through the prism of invoice review.

Lawyers, the algorithms are better than you (at some things)
A simple introduction to algorithms.

The judgment machine: How algorithmic software won me over
A continued introduction to algorithms through the prism of invoice review

The agony of the invoices: When it comes to math, humans are no match for machines
The gaps that machines fill through the prism of invoice review.

Legal machines give lawyers the structure we need
A final post on the role of technology in the invoice review process with an emphasis on structured data and data quality.

Sorry, technology isn’t easy – you take the time to learn, or you lose
A user interface is like a joke. If you need to explain it, it isn’t every good. Except not really.

Tech comes naturally to ‘digital native’ millennials? That’s a myth
Comfort (most) is different than familiarity (some) is different than facility (few).

Buy new technology? You must also invest your time in learning it
Why tech purchases don’t pan out. No complementary investment in process redesign and training.

Solving the other legal education crisis
Law school is a mess. MCLE is worse.

Competence-based CLE: a different way to learn
Time is a poor proxy for learning. Measure learning directly.

Mandatory tech CLE: an idea whose time has come
The Florida Bar at the tip of the spear.

Tech knowledge makes lawyers more productive, and could be key to increasing access to justice
Wrapping up on The Florida Bar’s mandatory tech and optional competence-based CLE

 

Legal Current

The following is a series of articles from Casey Flaherty for Thomson Reuters’ Legal Current.

A Story of Sandwiches
Stop using price as a proxy for quality.

Warning Signs in the Inside/Outside Counsel Relationship, Part I
On the shortcomings of a singular focus on discounts.

Warning Signs in the Inside/Outside Counsel Relationship, Part II
Moving beyond discounts and engaging in structured dialogue about legal service delivery.

Let Data Be Your Guide to Improving
Introducing the Service Delivery Review as a mechanism for driving structured dialogue.

Zero-Sum Game
Even with the billable hour, law departments can get higher quality work at lower cost while law firms increase profitability.

What Law Departments Can Learn from Burritos and Cars
On strategic sourcing and deep supplier relationships.

 

3 Geeks and a Law Blog

The following is a series of posts written by Casey Flaherty for 3 Geeks:

I wrote a book. I hope you like it.

The Importance of Technology Training in Legal Organizations

Myths of the Digital Native (Part 1)

Myths of the Digital Native (Part 2)

The Delegation Dodge

‘Tech-Savvy’ Lawyers and Bad Baselines

Billable Hour Deathwatch

Rising: Supply Chain Management and Alternative Legal Service Providers

CLE Sucks (When Training is Terrible)

Legal Technology Training: Time is a Poor Proxy for Learning

A Better Way to Train: Synchronous, Active Learning

The Service Delivery Review

Deep Supplier Relationships

Structured Dialogue re Delivery of Legal Services

Structured Dialogue about Diversity

The Role of Nontraditional Stakeholders in Law Dept/Firm Relationship

Managing Partners on Change: Clients Don’t Ask, Partners Resist

Law Firm Partners: If It Ain’t Broke

Exit Not Voice: Law Firms Don’t Change Because Clients Aren’t Asking

Firing a Few Law Firms Isn’t Enough; Why Clients Must Ask For Change

Clients Confirm: We Don’t Ask Law Firms To Change

The Sky is Falling for Law Firms (or Not)

Discount Double Check

What’s The Matter With Inside Counsel?

Realizations about Law Firm Realizations

Belated thoughts on associate salary increases

I’m a world famous legal blogger. Almost no one cares.

Barriers to Innovation: Improvement as Indictment of the Past

Everybody Else is an Idiot

The Legal Cost Disease

Throwing Bodies at the Problem

On My Hypocrisy and Effecting Change in Law Firms

Lawyers and AI: Saying Susskind is Wrong

Size Matters for Legal Innovation (Toronto Edition)

Real Lawyers Versus Cyborgs (Part 1)

Real Lawyers Versus Cyborgs (Part 2)

Real Lawyers Versus Cyborgs (Part 3)

Bad-Mouthing Batman: the Promise of Prevention

No Offense, But You Aren’t Embarrassed To Open Your Mouth?

Pre-ILTACON: Interesting Times

On ILTACON and Inches

Hello, Geeks

 

Misc.

Susskind supports Casey Flaherty approach

Client Perspective: On The Evolving Legal Market (Part I)

Client Perspective: On The Evolving Legal Market (Part II)

Developing Technological Competence as a Lawyer

In Conversation: Changing Client-Law Firm Dynamics

Life After In-House: From Lawyer to Consultant

ILTACON 2015 Review: New Name, Same Legal Technology Challenges

Could you pass this in-house counsel’s tech test?

Test, teach lawyers tech skills, speakers at Techshow say

Law firm efficiency starts by carving out time to train, speakers say

Lawyers and Technology: A Bad Marriage Gets Worse

Life After In-House: From Lawyer To Consultant

What Technologies Will Most Affect Big Law in 2016

What the jobs are

41 Legal Industry Predictions for 2016

Technology is Not Magic, Lawyers are Not Magicians

Legal Tech Evolution: Discomfort and Lasting Relationships

Law Firm Competition: Buyers Becomes a New Entrant

4 Takeaways from the InsideLegal and ILTA Purchasing Survey

Legal Fee Lessons Corporate Legal Can Take From Henry Ford

Good People, Bad Process: Building a Legal Operations Team

Defining Legal Operations and Assessing Maturity

Metrics Strengthen the Inside/Outside Counsel Relationship

Why GCs Still Miss The Mark On Alternative Fee Deals

E-Discovery Disruption and the Field of Challengers

E-Discovery Giants Share Their Take on the Market Challengers

EDRM Adds New Calculator for Guiding E-Discovery Selection Process

Trust Darwin

Keesal, Young & Logan Uses Data to Fuel Change

Op-Ed: The Best Speech at LTNY on the In-House/Firm CIO Relationship (Part 1)

Op-Ed: The Best Speech at LTNY on the In-House/Firm CIO Relationship (Part 2)

Flaherty Argues for Analytics at Prague Conference

New Legal Tech Audit will scare lawyers into embracing technology

Tech test could give law firms an incentive to make efficiency gains

5 Do’s and Don’ts to Prepare for a Legal Technology Skills Audit

Gamification or Process Automation: D. Casey Flaherty of Kia Motors Explains What Really Works

Here’s to these lawyer-heroes of the New Normal: the system builders

What Really Matters to Purchasers of Legal Service? An Interview with General Counsel, Casey Flaherty

Efficiency Is the New Legal Pedigree

Raising your game – Casey Flaherty’s technology competency audit and Neota Logic

Q&A with Casey Flaherty on Tech Audits and eDiscovery

Interview with D. Casey Flaherty

Inside And Out: Real Time Tracking

Bridging The Tech Chasm

Kia’s In-House Counsel Shrinks Bills with Computer Skills Test

LegalTech Keynote Reminds Attorneys of Their Technological Responsibilities

Lawyer Emails Are Not Immune From eDiscovery

Inside And Out: Time Tracking Technology

Accountability without Authority: eDiscovery Sanctions for Conduct Outside Your Control

Adobe EchoSign & Kia Motors America

Lawyer Training – The Tipping Point has arrived

Messy Metrics

DLA Piper Is Not Alone: Why Law Firms Overbill

Kia Motors Tests Outside Counsel Tech Skills

Kia Motors Tests Outside Counsel Tech Skills, Part II

The Origin of the Outside Counsel Tech Audit

Armchair Theories on Testing Tech in Outside Counsel

The Tech Audit’s Next Step: Crowdsourcing

Could Baker & McKenzie Have Saved $150 Million Last Year?

Trust but Verify: Budgets

Trust but Verify: Court Filings

E-Discovery Costs Prediction: It’s Time to Share

Standardizing E-Discovery Cost Redux

Digital Signatures Are Safer Than Ink on Paper

Big Law Whipped for Poor Tech Training

Technology Test Helps Kia Motors Choose Outside Counsel

Big Law Whipped for Poor Tech Training

Doing It Better: Disney

Doing It Better: Google

Doing It Better: VMware

Doing It Better: Bank of America

 

Audi & Video

2016 Lexpo Keynote

2015 CounselLink Conference Keynote

Casey Flaherty’s Quest to Reform Luddite Lawyers

2015 ABA Techshow: The Legal Technology Audit with Casey Flaherty

Firms should solve problems through tech, not more employees, says Casey Flaherty

Casey Flaherty on Tech Audits

Facilitating Discovery and Small Firm Technology with D. Casey Flaherty

Casey Flaherty on “Kia Motors Tests Law Firms”

Firms should solve problems through tech, not more employees, says Casey Flaherty