Author: Onit

Practical AI Prompting for Legal Teams: What You Need to Know

Feeling comfortable with core prompting concepts? Great — now it’s time to take the next step with integrating AI into your Legal workflows. Let’s walk through some examples to implement these skills. You can use any AI tool (ChatGPT, Anthropic) to illustrate these different prompting techniques.

Feel free to follow along by creating your own prompts, inputting them into the tool, or simply reviewing the examples provided. You can copy and paste the sample prompts into ChatGPT to test it yourself.

After each prompt, think about ChatGPT’s response and how you might refine the prompt using techniques like interactive dialogue or iterative refinement. The prompts below aim to demonstrate ways legal professionals can collaborate with AI to get the insights they need.

Exercise 1: Basic Legal Prompting

Basic Objective:
Have AI summarize a legal contract.

Contract Sample to Summarize:
“THIS AGREEMENT entered into this 1st day of January 2023, by and between Party A, a corporation organized under the laws of the State of California (‘Party A’), and Party B, a corporation organized under the laws of the State of New York (‘Party B’). Both parties agree to maintain and protect the confidential information obtained during the course of this agreement, following the confidentiality clause outlined in Section 5.”

Persona and Specifics:
You are a Paralegal assisting a lawyer, and your role is to review and summarize key points of contracts. The lawyer needs quick understanding through clear and concise summaries of the essential contract content.

Objective:
Short Summary Points: Offer short, precise summaries that illuminate the crucial contract aspects like agreement parties, confidentiality obligations, and other significant rights or duties. Summaries should be brief yet encompassing, shedding light on the contract’s main elements without over-detailing.

Constraints:
Output Length: Limit each summary point to two sentences maximum, with the overall response not exceeding 1000 characters.

Examples (Few-Shot Prompts):
Input: “A clause in the contract defines the agreement parties.”
Output: “Agreement Parties: Party A (California-based) and Party B (New York-based) are engaged in this agreement, each with distinct rights and obligations.”

Input
: “Section 5 of the contract outlines the confidentiality obligations.
Output: “Confidentiality: Both Party A and Party B are bound to protect and uphold confidential
information as detailed in Section 5 of the agreement.”

Accuracy:
Ensure summaries are exact and faithful to the contract’s text, avoiding assumptions and inaccuracies. Summaries should be strictly derived from the contract information.

Format:
Summaries should be presented in a bullet-point format. Each point must have a headline followed by a brief description, ensuring easy readability and understanding even for individuals not specialized in law.

AI Task:
Given the sample contract snippet above, craft a concise summary following the objective, constraints, examples, and format detailed in the Crafted Prompt for AI. Ensure your summary accurately reflects the contract’s content, facilitating quick and clear comprehension for the lawyer you are assisting.

Follow-up questions:
• Iterative Refinement: Ask it to summarize the key points in 3 bullet points instead
of full sentences.
• Interactive Dialogue: Could you clarify the confidentiality obligations – who is responsible for maintaining confidentiality?
• Chained Reasoning: What are the consequences if confidentiality is breached? And then, have it explained based on its previous summary.
• Socratic Questioning: What factors should be considered in determining if this confidentiality clause provides adequate protection?
• Self-Reflection: Review your summary. What are 1-2 ways you could improve the clarity or conciseness?

Exercise 2: Intermediate Prompting

Basic Objective:
Generate LinkedIn posts using AI based on an IDC MarketScape report.

Report Sample to Summarize:
The IDC MarketScape report content provided as input to AI.

Persona and Specifics:
You are an Enterprise Marketer working for a leading legal tech company. Your primary role involves creating engaging content for LinkedIn, blogs, and emails to inform and attract potential clients and partners.

Objective:
Short Summary Points: Deliver succinct, engaging LinkedIn posts capturing key findings and insights from the IDC MarketScape report. The focus should be on the unique capabilities and values of your company over competitors.

Constraints:
Output Length: Each LinkedIn post should not exceed 280 characters (standard LinkedIn post length), and the overall content generated should be close to 3000 tokens to yield multiple LinkedIn posts.

Examples (Few-Shot Prompts):
Input: “The IDC report mentions the unique capabilities of the leading legal tech
companies.”
Output: “Leading in legal tech! Our capabilities stand out in the latest IDC MarketScape report. Discover how we surpass competitors! #LegalTech #IDCReport2023”
Input: “The IDC report emphasizes the importance of business values.”
Output: “Business values at the forefront! The IDC MarketScape report echoes our
commitment to integrity and innovation. #LegalTechValues #IDCInsights”

Accuracy:
Ensure LinkedIn posts capture the essence of the IDC MarketScape report without misrepresentation. The posts should strictly adhere to the report’s findings while highlighting the company’s strengths..

Format:
Posts should be presented in a casual, engaging style suitable for LinkedIn. Each post must capture attention and motivate readers to learn more about the company and the report.

Temperature:
A temperature of 1 is set to encourage the AI to generate creative content. The temperature setting influences the randomness and creativity in the generated text, with higher values resulting in more creative outputs.

AI Task:
Given the sample IDC MarketScape report snippet above, craft LinkedIn posts following the objective, constraints, examples, and format detailed in this Crafted Prompt for AI. Ensure your posts accurately reflect the report’s content and promote the company’s unique position in the legal tech landscape.

Follow-up questions:
• Iterative Refinement: Can you reduce the length of this post while retaining its key message?
• Interactive Dialogue: What were the primary findings regarding our company in the IDC report?
• Chained Reasoning: Based on our company’s highlighted capabilities in the IDC report, how do we compare to our main competitor?
• Socratic Questioning: How does the report’s emphasis on business values differentiate us in the market?
• Self-Reflection: Review the posts you generated. Are there ways to make them more engaging or relevant to our target audience?

Want to learn more about how you can unlock the true potential of AI systems (including advanced prompting techniques)? Download our full eBook entitled The Legal Professional’s Handbook: Generative AI Fundamentals, Prompting, and Applications.

5 Key Factors to Consider When Integrating AI into Your Legal Department

Integrating advanced legal AI tools like LLMs catalyzes a significant shift for in-house legal teams. These models are evolving from mere tools to invaluable partners, extending in-house professionals’ capabilities. Adopting legal AI software is a strategic decision for in-house teams that can transform service delivery, enhance productivity, and provide data-driven insights.

Here’s a closer look at five key factors to think about when integrating AI:

1. Cost Considerations

Immediate Efficiency Gains: AI automation of repetitive tasks like contract reviews can yield direct time savings, reducing manual hours spent.

Optimize Spend: The cost savings allow for investments in training, advanced AI tools, and other high-value initiatives rather than repetitive manual work.

2. Workflow Evolution

Reskilling: With AI excelling in routine tasks, in-house team members can take
on more complex responsibilities, upskilling into higher-value work.

Ongoing Learning: As AI evolves, so must in-house professionals’ skills. Regular AI training ensures everyone stays updated on the latest developments.

3. Data-Driven Insights

Instant Analysis: AI for legal documents can provide real-time insights from data that previously required extensive manual analysis. This empowers faster, informed decisions.

Proactive Risk Monitoring: AI analysis of contracts and documents can proactively detect risks, allowing preventative mitigation.

4. Change Management

Addressing Hesitancy: Hosting regular workshops provides a venue for hesitant team members to gain familiarity with AI systems in a collaborative setting. This can ease adoption.

User Feedback: Encourage continuous user feedback on AI tools. On-the-ground insights allow refinements tailored to team needs.

5. Integration with Other Technologies

Legal Tech AI Synergy with Blockchain: AI can help validate blockchain data beyond smart contracts, offering a more robust solution for secure transactions or records.

Collaborative Platforms: AI can seamlessly integrate with collaborative tools and platforms used by legal firms, ensuring a cohesive workflow. Whether it’s document collaboration or scheduling client meetings, AI can bring efficiency to these tasks.

Adaptive Systems: The beauty of modern AI is its adaptability. By connecting it with tools like CRMs or document management systems, it can learn and adapt based on historical data and user interactions.

Integrating AI is an ongoing journey requiring strategic planning, skills development, and a willingness to evolve. The payoff makes this effort invaluable for in-house productivity and insights. With thoughtful change management, AI transitions from an external tool to an intrinsic capability. Involvement and feedback from professionals is the key to ensuring the tech aligns with team needs. With meticulous implementation, AI becomes a seamless ally rather than a disruptive presence, propelling teams to new heights.

Want to learn more about how you can unlock the true potential of AI systems (including advanced prompting techniques)? Download our full eBook entitled The Legal Professional’s Handbook: Generative AI Fundamentals, Prompting, and Applications.

7 AI Applications for In-House Legal Workflows

As AI capabilities progress, in-house legal teams have an invaluable opportunity to integrate these advanced technologies into key legal workflows and processes to drive greater efficiency, insights, and productivity. When thoughtfully implemented, legal AI can serve as an ally in handling high-volume, repetitive tasks that have traditionally burdened legal professionals’ time.

From contract management to legal research and beyond, AI systems powered by strong prompting skills can amplify and augment in-house teams’ efforts, allowing professionals to focus their expertise on the most strategic, high-value aspects of legal work.

Here are 7 key AI applications for in-house legal workflows:

  1. Contract Analysis and Review: A well-crafted prompt can enable AI to sift through complex contracts meticulously, spotlight duties, identify potential risks, and offer actionable insights.
  2. Invoice Auditing: AI can rapidly process high volumes of legal invoices, flagging potentially erroneous charges for auditors to review. This optimizes the invoice validation process.
  3. Litigation Support and Preparation: AI assists with tasks like organizing case documents, drafting briefs, and finding supporting precedents to bolster arguments. This reduces repetitive preparation work.
  4. Regulatory Monitoring: AI tracks updates across vast regulatory sources and alerts teams to key changes relevant to the business. This enables proactive compliance.
  5. IP Management: Consider the herculean task of analyzing vast patent databases. With its efficiency, AI ensures exhaustive patent searches and assists in drafting applications with precision.
  6. Discovery: AI expedites eDiscovery by quickly filtering huge document sets down to the most relevant materials, minimizing review time.
  7. Legal Research: With thoughtful prompting, AI can rapidly traverse extensive legal databases, identifying pertinent cases, rulings, and regulations.

Integrating Legal AI into these critical in-house legal workflows with meticulous implementation and oversight can profoundly augment legal professionals’ capabilities and enable more strategic, high-value work. AI’s incorporation in legal practice is not just a pursuit of efficiency — it’s about refining the quality of legal services. As we harness AI’s prowess, a principle must be held sacred: AI tools, no matter how advanced, should serve as an extension of your expertise and not a replacement.

Want to learn more about how you can unlock the true potential of AI systems (including advanced prompting techniques)? Download our full eBook entitled The Legal Professional’s Handbook: Generative AI Fundamentals, Prompting, and Applications.

Mastering the Art of Legal AI Prompting: The 3Ps Framework

Well-crafted prompts are key to accurate, useful AI outputs. A prompt is your input to the LLM to guide its outputs. Essentially, it’s a question or statement the LLM is asked to respond to or build upon.

Prompts can range from a single word to a whole paragraph, depending on what the user is trying to achieve. LLMs use the information in the prompt as a basis for generating their response, so the quality and clarity of the prompt can significantly influence the answer.

Careful prompt design is key in instructing the LLM to produce the desired output. Vague prompts lead to confusion, but clear, detailed prompts elicit outstanding results. Framing prompts using the AI’s language gets the desired responses.

The First Step: Begin with Basics and Progress Gradually

When integrating AI into legal tasks, start with straightforward, manageable prompts. For instance, initially use AI to summarize legal documents or provide legal principles overviews. This practical approach allows you to familiarize yourself with AI’s functionalities and limitations while developing proficiency in crafting effective prompts.

It’s common to encounter challenges as you navigate this learning process. Rather than aiming for immediate perfection, view each challenge as an opportunity for constructive learning. These early experiences, even the difficult ones, lay the foundation for future success with AI.

Remember that success with AI is collaborative. Adjust your approach accordingly if a prompt doesn’t yield the expected results. Refine prompts, analyze responses, and iterate as needed. This hands-on practice is key to mastering prompting and interpretation.

As your skills develop, gradually introduce more complexity into prompts. Consistency in practicing core skills leads from proficiency in basics to efficiently handling advanced AI interactions. With a solid foundation, you’ll be well-equipped to fully harness AI’s potential for elevating legal work.

The 3Ps Prompting Framework

The 3Ps approach provides a structured way to guide AI systems through effective prompting. It consists of:

  • PROMPT: This is the core instruction provided to the AI detailing exactly what you want it to do. A properly engineered prompt includes clarity, specificity, examples, constraints, and ample context to guide the system. The prompt is where you ask the AI for what you need, whether it’s a legal summary, analysis, document draft, or other output. An effective prompt maximizes accuracy. Combining thoughtful priming, persona setting, and a meticulously crafted prompt allows prompting at an expert level to get the most out of legal AI systems.
  • PRIMING: Priming involves setting the stage and establishing the necessary context for the AI. Imagine you need to brief a junior lawyer on a case’s background before they can work on it; explaining the goals, facts, and history allows them to dive in effectively. Similarly, priming an AI lays the groundwork for success. Examples of priming include summarizing documents the AI needs to read for context, explaining the business objectives, client needs, or legal issues involved, or providing any required definitions or domain knowledge.
  • PERSONA: You can specify a persona if you want the AI to adopt a specific perspective. This puts the AI in a certain mindset, similar to how lawyers think differently depending on their role, like prosecution vs. defense attorneys. Persona examples include patent lawyer (frames responses from a patent law point of view), plaintiff’s attorney (approaches issues from a plaintiff-favoring stance), and criminal prosecutor (considers implications in building a case against the accused).

Anatomy of a Strong Prompt

Now that we’ve covered the basics let’s dive into the anatomy of what makes an effective, robust prompt. What core attributes define a truly “strong” prompt?

Effective prompts contain:

  • Clarity – Unambiguous, precise phrasing
  • Specifics – Exact definitions of needed information
  • Context Richness – Sufficient background information for depth and insight
  • Good Structure – Clear formatting that aids comprehension
  • Readability – Use simple, concise language.
  • Examples – To illustrate desired outputs
  • Constraints – Outline boundaries and limitations (output length or formatting, timeframe, geography, etc.).
  • Accuracy – Avoiding errors that cause misleading results

Large language models are trained on extensive written text, making structural details like complete sentences and line breaks important for accurate responses. Constraints and examples guide the AI by setting expectations and a pathway to follow.

Every element of a prompt influences the AI’s response. Vague prompts confuse the AI, while focused, tight phrasing elicits spot-on responses. Constraints like length limits limit the scope. Examples guide better outputs. Each detail shapes the final result. Craft prompts carefully, considering how each component impacts the AI’s understanding.

Key Technical Settings

When using AI systems, there are specific settings you can adjust that impact how the AI responds. Knowing these key technical settings as a beginner will help you get better results.

  • Creativity Setting: This controls how consistent or varied the AI’s responses will be. A high creativity setting makes the responses more random and diverse. But it also increases the chance of incorrect or nonsensical outputs. A low creativity setting makes the AI’s answers more predictable and fact-based. But the responses might be too basic.
  • Response Length Setting: This controls the approximate length of the AI’s responses. Longer responses allow the AI to provide more detailed explanations. But it limits how much background context you can provide in your prompt. Shorter response settings enable you to give more context upfront in your prompt. But, the AI’s answers may lack depth.

Using moderate creativity settings and medium response lengths is a good starting point. As you get more experience, you can refine these settings per use case. The key is balancing detail, consistency, and context to get optimal results.

Want to learn more about how you can unlock the true potential of AI systems (including advanced prompting techniques)? Download our full eBook entitled The Legal Professional’s Handbook: Generative AI Fundamentals, Prompting, and Applications.

How Large Language Models (LegaLLMs) and AI Can Uniquely Supercharge Vital Legal Work

Imagine having a super-powered contract review assistant, able to rapidly comb through thousands of pages in record time to flag key clauses, risks, and insights. That’s the promise of Legal LLMs, generative AI large language models: a highly advanced predictive text system with specialized training in a legal context. For in-house legal teams, these tools accelerate the review of contracts, invoices, and legal service requests by eliminating attorneys needing to pore through mountains of paperwork and emails manually. That’s why AI adoption is surging for these document-intensive tasks that frequently overwhelm in-house legal professionals.

Artificial Intelligence (AI) broadly refers to computer systems capable of tasks requiring human intelligence like visual perception, speech recognition, and decision-making. Machine learning is a specific subfield within AI where algorithms improve through experience without explicit programming. Rather, the AI is trained use a representative dataset. The neural network is a common machine learning structure, inspired by the human brain’s interconnectivity.

A significant AI area utilizing machine learning is Natural Language Processing (NLP), which focuses on automating language understanding and generation. NLP employs neural networks trained on vast text data. Generative AI represents an advanced subset of NLP models called Large Language Models (LLMs) designed to produce human-like text. So, while not all AI uses machine learning, modern innovations like large language models leverage machine learning and neural networks to achieve their natural language capabilities.

This brings us to recent advancements in generative AI and the advent of Large Language Measures (LLMs), which have driven much of the recent excitement around AI applications in the legal field. These are specialized neural networks trained on vast amounts of text data, designed to understand and generate text.

What are Large Language Models?

Large language models (LLMs) like ChatGPT are trained on massive datasets of billions of data points, refined through human feedback loops of prompts and responses. This allows LLMs to break down text into tokens — commonly occurring groups of 4-5 characters – that are encoded as parameters. When you provide a prompt, the LLM uses that context to statistically predict the most likely sequence of tokens to generate a coherent response, like an advanced autocorrect.

However, LLMs have limitations. They don’t learn or understand content — they generate plausible responses using their parameters but don’t comprehend meaning. LLMs have restricted context windows, limiting how much text they can process, require substantial computational resources, and struggle with math or numbers. Poor data quality or biased prompts can result in inaccurate outputs. While LLMs can produce human-like text, they don’t innately understand language semantics. LLMs are powerful but require thoughtful prompts and oversight to mitigate risks. Setting realistic expectations by understanding how they leverage statistical patterns rather than true comprehension allows appropriate usage for augmenting legal work while providing necessary guidance and validation.

Challenges and Common Issues with (Legal) LLMs

While large language models represent a breakthrough innovation, they have inherent limitations requiring prudent risk management. As static systems, LLMs cannot continuously adapt on the fly post-training. Their memory capacity, or “context windows,” vary widely. More limited windows constrain the processing of lengthy content. State-of-the-art models boast expansive context but are still pale compared to human memory.

More concerningly, LLMs have several key issues that warrant caution:

  • Hallucinations: LLMs may generate or “hallucinate” data not present in reality, as they are optimized to respond to prompts without the ability to discern truth from fiction. This tendency to produce false information, incredibly confidently stated, is concerning and requires oversight.
  • Biases: The training data may contain societal biases encoded into the LLM’s parameters. Additionally, reinforcement learning through human feedback loops during training can further ingrain biases. Once deployed, even prompt wording can introduce biases that lead to unfair LLM responses.
  • Inconsistency: Due to the statistical nature of how LLMs generate each token and the inherent randomness built into models to enable creative responses, LLMs do not always take the same path to respond to identical prompts. So, you cannot rely on consistent output, even adjusting for creativity settings.
  • Misalignment: LLMs have demonstrated some awareness of when their outputs are being evaluated or tested and can provide responses that diverge from a user’s true intent. This makes it challenging to understand alignment with user goals outside of testing scenarios thoroughly.

Informed perspectives on LLMs’ capabilities and limitations allow full utilization of their transformative potential through responsible oversight. Their breakthrough innovation warrants measured adoption to realize possibilities ethically.

Realizing the Benefits of Legal LLMs & Generative AI While Mitigating the Risks

Generative AI has huge potential upsides for legal teams if thoughtfully applied. But we need to be realistic — Legal LLMs aren’t going to completely replace your skills and judgment overnight. Rather, they can take the grunt work off your plate so you can focus on high-value tasks like strategy, analysis, and client needs.

Before turning LLMs loose, comprehensive testing and review by real experts is crucial. We can’t just immediately take what LLMs spit out as gospel truth. Their output needs real validation via ongoing review. LLMs should collaborate alongside professionals, not try to substitute your judgment that’s sharpened through experience.

It’s also critical to regularly audit for biases, inconsistencies, or false info. The teams behind LLMs must take responsibility for thoughtfully addressing these risks head-on. Rigorous data governance, privacy protection, and cybersecurity are essentials, too. We need systems we can understand, not opaque “black boxes” that undermine trust.

LLMs can uniquely supercharge vital legal work:

  • They can rapidly pinpoint the most relevant info for document review out of massive document troves, saving tons of time over lawyers pouring over everything manually. But human oversight still matters to double-check what the LLM flags and catch subtleties it might miss.
  • For analyzing contracts, LLMs can efficiently unpack dense legalese to surface issues like inconsistencies or missing pieces for tightening before signing. But niche clauses unique to certain deals might get overlooked. Experts still need to verify that nothing big slipped through the cracks.
  • LLMs shine at legal research, promptly finding past precedents, citations, and case law to build persuasive arguments. However, they might miss seminal cases only seasoned attorneys would know; your guidance remains key for strategy.
  • LLMs can also assist organizations in the creation of legal service requests and invoice summaries, helping to ensure a more streamlined workflow, saving valuable time, and bringing clarity to collection processes. Human oversight, however, is still essential to ensure crucial elements are included and that requests and summaries get to the right people or departments.

Navigating the Ethical Frontier

Implementing new technologies for a legal team requires prudence to uphold core values like transparency, fairness, and accountability, considering the potential risks and rewards tied to distinct AI models.

While AI promises benefits like efficiency and insights, particularly in routine tasks like contract review, it is imperative to distinguish between consumer models and enterprise solutions of generative AI. Consumer models, like ChatGPT through OpenAI, a version provided through Microsoft, and others provided through Google, are accessible but pose significant data privacy concerns that are unacceptable for legal professionals. Such models may use confidential client data for future training or other purposes, potentially exposing sensitive information inadvertently.

In stark contrast, enterprise solutions offer robust data protection essential for in-house teams. These commercial models assure that client data won’t be used in future model training, nor will the results be shared or misused. This safeguard is pivotal for in-house legal professionals who handle confidential information daily and must assure clients and internal stakeholders about data security. Hence, in-house legal teams should avoid using consumer-level AI models to prevent compromise on client data privacy.

With these distinctions in mind, in-house legal teams must consider the following when evaluating AI solutions for integration into workflows like contract review and legal invoice examination:

  • Explainability: In-house legal professionals should require AI providers to disclose the inner workings of their systems. Understanding how recommendations are generated is crucial to fostering trust in AI outputs and preventing reliance on opaque “black box” systems unsuitable for legal work.
  • Accountability: Despite AI’s efficiency in reviewing contracts and invoices, in-house lawyers must still thoroughly vet AI outputs, establishing clear oversight procedures without mindlessly following AI-generated advice. Human oversight remains essential.
  • Fairness: Ensuring AI is developed without biases is essential to uphold legal principles. Continuous monitoring and assessment during both the development and production phases are necessary to sustain fairness.
  • Transparency: In-house teams need to be transparent about their AI usage with clients and courts, clearly communicating the chosen AI’s capabilities and limitations.
  • Risk Assessment: Identify and mitigate potential harms, like biases, security flaws, or loss of professional judgment, early when assessing AI solutions for integration into workflows.

The sweet spot is thoughtfully harnessing AI’s power while mitigating risks through governance, security, testing, and expertise-based oversight. This balanced approach lets us ethically integrate AI into legal work to augment your talent.

Ready to learn more about how you can integrate AI into your Legal workflows? Download our full eBook entitled The Legal Professional’s Handbook: Generative AI Fundamentals, Prompting, and Applications.

Perceptions of Legal: A Conversation with PwC

PwC US Legal Business Solutions Consulting Leader and Global Oversight Board Member Jane Allen recently sat down with Onit for an in-depth conversation about the insights gained from 2023’s Enterprise Legal Reputation Report. Here are some key takeaways from the discussion (view the webinar in its entirety here).

For the second year in a row, Onit’s holistic Enterprise Legal Reputation (ELR) report helped deliver keen insight into just how Legal can be perceived by internal clients — surveying over 4,000 enterprise employees and 500 corporate legal professionals around the globe. In this episode of “A Conversation”, PwC US Legal Business Solutions Leader Jane Allen shared her thoughts on some of the conclusions from the Report.

Here are some key takeaways from the discussion:

The overall corporate image of the Legal function remains positive across the globe. Legal is viewed as “protectors of the business, assets, and people” across the United States (55%), France (48%), the United Kingdom (41%), and Germany (33%). This positive image remains even as the current environment can make the job of Legal far more complicated.

“Legal is there to protect the people, the business, the IP, all of it,” Allen says. “I also think that doing this foundational piece has become far more complex and difficult, especially if you look at geopolitical issues and the evolving regulatory landscape – which can resemble a game of whack-a-mole in some places.”

Over the span of one year, the percentage of corporate employees that believe Legal works well with their internal function has declined across all areas:

Allen believes that as companies need to rapidly shift strategies due to changing business conditions and technologies – significant transformations all around – Legal’s responsibilities can become overwhelming.

“Again, everything has become more complex,” Allen says. “Teams have less and less capacity to try to respond to their internal constituents. There is more on the legal function, and frankly, they are not getting much more headcount or budget. I think these numbers are the result of that.”

The first two takeaways can deliver both good and bad news: Legal does have a positive reputation as the protector of the business — however, relationships with other departments across the organization are strained. The next point directs us to where Legal needs to go: 56% of respondents said that Legal can have a “positive effect” on revenue operations.

Allen points to three key takeaways from this statistic:

  • It’s indicative of leadership turnover. “Over the past year, we’ve noticed more turnover in the CLO / GC community,” Allen says. “These new folks want to set strategy, and they are doing a great job about being strategic — not only managing the bottom line but adding to the top line revenue and making sure that the rest of the company sees and feels their efforts.
  • It’s indicative of new Legal organizational leadership. “Another trend is seeing more GCs and CLOs move into C-suite roles,” Allen says. “That cites just how much of the business they know and how companies can see Legal as a revenue driver that knows the organization inside and out.”
  • It’s indicative of Legal’s work in contracting. “Legal helps drive improvements in the contracting process — leveraging data tools, looking at trends, increasing efficiency, and boosting the speed- to market,” Allen says. “The business feels it immediately. They are helping the top line and hopefully leveraging data and insights to see who they should collaborate with — and who they should not. I think that top-of-the-house legal leaders, if they think strategically in that direction, will change the name of the game of how Legal is viewed within the organization.”

Click here to view the rest of the interview.

Empowering Legal Departments: Onit Named as a Leader in IDC MarketScape for Enterprise Legal Management Software 

In a world where businesses face macroeconomic pressures to demonstrate value in new and visible ways, Onit is a dedicated partner in the journey. Legal’s impact is now, and Onit is at the forefront of ensuring that impact is transformative, efficient, and growth oriented. 

As a longstanding provider of enterprise legal management (ELM), contract lifecycle management (CLM), and business process automation tools, Onit is proud to announce its recognition as a Leader in the IDC MarketScape: Worldwide Enterprise Legal Management Software (Doc #US49842023, August 2023).  

“We are honored to be named a leader in enterprise legal management solutions,” commented Eric M. Elfman, CEO and co-founder of Onit. “At Onit, our mission has always been to empower legal professionals to do their best work through more intelligent and efficient workflows. We will continue to invest in innovation to deliver leading solutions that help legal departments drive material impact.” 

A Portfolio of Solutions for Legal Departments of All Sizes  

With solutions for businesses of all sizes, Onit enables legal departments to modernize workflows, improve operational and cost efficiency, and contribute to faster revenue generation and business growth.

Onit’s commitment to empowering legal professionals is reflected in its diverse portfolio of solutions designed to cater to legal departments of all sizes. Onit has continued to enhance its portfolio to include the following: 

  • OnitX: The next generation of Onit’s highly configurable platform for automating complex legal workflows for enterprise legal management and contract lifecycle management  
  • Onit Catalyst: A family of AI-enabled products purpose-built to elevate the impact of ELM and CLM solutions  
  • SimpleLegal: Tailored for the mid-market, this ELM solution brings transparency and management to e-Billing, matters, vendors, and reporting 
  • ContractWorks: A modular, out-of-the-box solution to manage contracts and legal documents at specific contracting stages or across the entire contract lifecycle 

Customer-Driven Innovation 

Onit’s mission extends beyond technology – it’s an organization that values the voice of customers. The naming as a Leader in the IDC MarketScape report follows a period of customer-driven innovation, including: 

  • Smarter spend management: OnitX Spend Management’s integration with Onit Catalyst empowers legal operations teams with external benchmarks for quicker, data-informed decisions on timekeeper rate approvals. 
  • Complete European ELM solution: OnitX Matter Management’s integration with Onit BusyLamp offers European corporate legal departments a flexible and configurable means to manage legal matter workflows, addressing specific currency, regulatory, and tax requirements. 
  • Seamless litigation compliance: OnitX Legal Holds Management streamlines litigation compliance management and reduces the risks associated with pending litigation. 
  • Visual forms builder: Build custom applications powered by the OnitX workflow engine to address simple legal-related requests like invention disclosures, trademark or logo usage and data breach incident reporting. 
  • Smarter contract lifecycle management: Onit Catalyst ReviewAI and Catalyst Contract Extraction help streamline the contract lifecycle pre- and post-signature processes by using AI to review contracts and extract essential data — such as key terms and obligations, dates and other relevant information — to quickly identify contract risks and opportunities. 
  • Application and data integrations: OnitX leverages scalable technology from Workato, an industry-leading iPaaS technology provider, to integrate with applications such as Salesforce, SAP Ariba and Microsoft 365 so users can work in their preferred tools while data flows into other critical business systems that support revenue and operating expense management. 

Elevating Legal’s Role Within the Enterprise  

Legal is most often viewed as a stellar guardian of the enterprise and outstanding advisor — yet its perception as a business partner is not quite as golden. In the 2023 Enterprise Legal Reputation (ELR) Report, four in five (78%) corporate employees perceive Legal’s enduring image as a trustworthy protector of the business that imparts sage advice. Yet even though respondents view Legal as an authority figure and business protector, nearly three in four (73%) do not consider Legal an approachable business partner. In fact, many view Legal as a “bottleneck,” as “adding unnecessary roadblocks,” or “simply expect to experience holdups” when interacting with legal teams. As a result, relationships between Legal and its internal clients have declined year-over-year (YoY) in every department — by almost 10% in HR, 18% in Finance, 30% in Sales, 27% in Marketing, and 41% in Procurement. 

Onit’s mission is to elevate Legal’s stature within the enterprise by automating business-critical workflows that drive material impact,” said Scott Wallingford, President of Onit’s Enterprise Business. “With the next generation of our platform in OnitX and key product updates from Onit Catalyst, customers can optimize legal workflows across their entire enterprise — from ELM functions like matter and spend management to CLM functions like contract management and review. Macroeconomic pressure influences enterprise functions to show value in new and visible ways, and we’re partnering with our customers to do just that. Legal’s moment of impact is now.” 

Additional Resources 

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The Death of the Billable Hour — Long Forecast, But Refusing to Go Away

The mantra that “the billable hour is dead” has long been spoken about within legal circles, and the reasons for its survival and forecast demise have been the subject of many debates. Still, despite being “unloved” by most clients and subjected to significant pressures for many years, time-based billing has refused to die. Those involved in legal billing on a day-to-day basis still see this method as the primary billing arrangement for most legal work completed by mid-size and large commercial law firms. Their corporate clients have grumbled about the billable hour for years, and alongside other factors, it receives blame for high rates of burnout and stress in the legal profession. Many agree that charging by the hour is inefficient and non-transparent, yet it remains the mainstay of how most law firms charge clients for their work.

Here, we will look at why organizations still use the billable hour, what other ways law firms can charge for their matters, and what is holding back firms and clients who want to embrace alternative fee arrangements. Although many in-house legal teams ask their law firms to suggest different ways of charging for their services, we believe that hourly billing will continue to be part of a wider portfolio of methods.

What is Time-Based Billing?

Before looking at different charging models, we should review what hourly billing means and how it has such a firm place in the charging of legal services. Historically, the charging for legal services by the hour is not that new, especially considering how long lawyers have existed. In fact, before the 1950s, lawyers based their fees on considering such things as the nature of the matter, an agreed scale of costs, and/or the ability of the client to pay. However, from the mid-1900s, time recording became widely used, initially to monitor efficiencies within the law firm and review whether work was profitable. From then onwards, time recording increasingly became the way to bill clients.

With the advent of computerized time and billing systems in law firms, lawyers began to record their time in (mainly) six-minute increments – or multiples of this – (i.e., 0.10 of an hour) along with a narrative of the work done and often a code to define the task/activity undertaken. This is multiplied by an hourly rate to give a cost or charge for that item of work. In addition, many US and UK firms utilized time recording software designed to capture activities completed by lawyers exclusively based on their time spent completing that work.

This focus on time makes it difficult, if not impossible, for firms to capture the value of the work based on any other measure. The current legacy PMS (practice management systems) are not flexible enough to offer, manage, and track different fee arrangements.

Why is Hourly Billing Still the Dominant Charging Method?

Management Reporting. As well as recording lawyer efforts based on time spent, legal practice management systems produce reports for senior partners and the finance function to show the productivity of the fee earners and the chargeable work undertaken. Often US, Canadian, and UK law firms (in particular) have focused on resources, billed hours, and cost recovery rates. Targets, budgets, and rewards get set by reference to the time expected to be charged and paid for by the client.

Time and value. Generally, law firms are traditional organizations and have developed cultures that often expect fee earners to spend long hours in the office. Employees intuitively understand that to receive a reputation as hard workers, they must put in the time. Whether this “time equals value” culture will change post-Covid, and what the recent working-from-home experience has shown will have to be seen.

Reward structures. For many firms, there is a belief that “the more you bill, the more that you are worth.” When linked to legacy billing systems and the focus on time, this has often led to fee earners being rewarded according on how much work they do, or instead, the hours spent doing it. This will inevitably lead to a belief that hourly rates and the billable time spent on the work are essential, if not vital, to success.

What Are the Alternatives?

Some commentators have said that it is misleading to talk about “alternative” charging methods, as though hourly billing is the “norm” and anything else is an alternative to this. In fact, we should probably include hourly billing alongside other methods of charging for legal work – as some of these methods existed long before organizations used time-based billing.

Fixed Fee Arrangements

One increasingly used billing method is described as “Fixed Fee.” This is when the law firm and the client agree to a fixed fee for a piece of work and where both the client and the law firm accept an element of risk for any cost variances. This charging method is oft used for repeated transactions, where the amount of work done does not vary too much, and both parties are comfortable with the agreed fixed fee for every transaction. In this case, cost differences (either lower or higher) are shared between the client and the law firm and accepted as a low business risk.

Fees Based on Value

Another method of charging comes based on the value the client believes it will gain from having the work done – and if the law firm agrees to deliver this work, either advice, documents, or a transaction, for the “value” given to it by the client. This solution does rely on a good working and trusted relationship between the parties and a discussion taking place before the work commences. It also depends on both parties agreeing on what the delivered “end product” looks like and should involve a process for any changes to be resolved along the way.

Caps and Extended Fees

A further model now used is for the law firm and client to agree on a fixed or capped sum to be paid for the legal work done over a given time period – often 12 months. Again, both the law firm and the client accept a degree of risk for any changes over time, but the client has the benefit of the certainty of quality legal advice being available for a known cost and the law firm the certainty of fee income for a year.

Hybrid Charging Method

Finally, there is the hybrid charging method – which is part time-based and part fixed fee. Ideally, the law firm will use the standard UTBMS (Uniform Task-Based Management System) phase/task codes to identify the initial stage(s) of a transaction where time-based billing might be appropriate and can scope the rest of the work needed to complete the matter. Both parties can agree upon a fixed fee. Electronic invoicing (e-billing) lends itself to this model – where both parties can easily see and agree on the work done and at what phase or stage of the transaction it applies.

Onit’s European legal spend management solution BusyLamp can fully support all the current methods of charging for legal work. Whether the law firm is importing their work-in-progress and invoice information as LEDES (Legal Electronic Data Exchange Standard) files or submitting their data directly into the system for the client to review, the product works with hourly billing, fixed fee, or any of the other models in use. In addition to the traditional e-billing functionality, the solution provides a comprehensive range of features to the legal procurement and billing process, and this includes support for the request for proposal, matter budgets, resource planning, matter project management, and in-depth reporting. Click here to learn more.

Conclusion

Many people working in the legal world believe it is unlikely that time-based billing and the billable hour will ever completely die out but that there will be a revision of this billing method from being the primary method used to the acceptance that it is just one of many. As clients look for different approaches to billing and more innovative fee arrangements grow, partners of commercial law firms need to meet these demands. Interestingly we may see a return to the pre-1960s approach to client billing, specifically, to one where lawyers use a more client-focused or value-based approach and consider the client’s requirements. Using newer technical solutions, including AI, machine learning, workflows, and advanced data analytics, will help us move away from the billable hour and towards fixed fees, value charging, or capped prices.

Request a demo of BusyLamp eBilling.Space today.

Empowering Your Employees: 7 Reasons Why Importing Legacy Contracts is Essential 

In the dynamic world of business, legacy contracts are like hidden treasures that hold immense potential for any organization. These vital documents, scattered across different online repositories, hard drives, or even in their physical form in drawers or folders – contain a wealth of information waiting to be unlocked. By properly migrating, organizing, and analyzing these legacy contracts through a Contract Lifecycle Management (CLM) system, businesses can empower their employees to work smarter, better, and faster than ever before.

Here’s why importing your legacy contracts into a CLM system is crucial for empowering your workforce:

1. Unlocking insights for smart decisions

There’s gold in your legacy data. Legacy contracts hold a treasure trove of data that can provide invaluable insights to propel your business forward. With enhanced visibility into legacy data, your company gains a deeper understanding of what strategies are effective and what needs improvement. From understanding business relationships with suppliers, customers, and partners to deciphering financial terms, legal obligations, service level agreements, intellectual property rights, and termination clauses, your team can make timely and informed decisions with newfound clarity.

2. Eliminating “contract leakage.”

Imagine your organization invested in a piece of software a few years ago – a sales database or a procurement tool, for example – that you’re no longer using and are now ready to eliminate. It happens all the time! But, because the signed legacy contract is buried on a hard drive somewhere, no one was alerted that the renewal date has passed, and the company is now stuck with a significant and unnecessary expense. By importing legacy contracts into a CLM system, you can appreciably reduce harmful “contract leakage,” optimize resource allocation, and positively impact your bottom line.

3. Reducing risk exposure and ensuring contract compliance.

Organizations that fail to successfully import their legacy contracts face tremendous risk. Vital clauses, payment escalations, or other critical language hidden within these contracts can negatively impact your finances and reputation. By successfully importing legacy contracts, your team can proactively mitigate risks and ensure strict compliance with contractual obligations.

4. Adapting to changing regulations.

In the fast-moving, rapidly changing worlds of business and politics, seismic regulatory changes across countries and governments are constantly happening. These shifts can have a profound impact on legacy contracts. By migrating your contracts to a CLM system, you can stay updated on regulatory changes and make necessary adjustments to safeguard your interests.

5. Enhancing customer experience.

Efficiently managing legacy contracts results in better customer service. A streamlined contract process with users having instant access to key information ensures smoother customer interactions at every touchpoint. A centralized repository — delivering on-the-spot insights — empowers your team to cater to customer needs promptly, boosting customer satisfaction and relationships.

6. Strengthening security.

Ensuring the security of sensitive contracts is paramount. The scattered distribution of sensitive contracts across multiple platforms — a SharePoint or Google Drive here, a personal hard drive there — significantly increases the risk of nefarious actors gaining access to crucial data. Consolidating these documents within a secure CLM system provides an added layer of protection, shielding your data from unauthorized access and reassuring your employees, customers, and business partners about data security.

7. Creating streamlined workflows.

Importing your legacy contracts to your CLM system fosters and cements efficient workflows. With all historic and future contract information centralized in a CLM system, empowered employees benefit from increased efficiencies, reduced frustrations, and the ability to focus on core tasks, enabling them to work smarter and faster.

So, what holds organizations back from successfully importing these contracts — and how can you find that perfect fit for your organization?

Learn more in our new eBook, Buried Treasure: Why Legacy Contract Migration is Essential for Your Business — and How the Right CLM System Unlocks its Potential.

Go Beyond Siloed Legal Reporting to Manage and Mitigate Risk

Easy-to-use, clear, and comprehensive reporting functionality has evolved from a bonus to a must-have requirement for corporate legal teams evaluating legal technology. The pressure on legal operations to demonstrate improvements and return has led to reporting features being almost as important as the fundamental benefits of the software tool in use.

Using legal spend management software, out-of-the-box spend reports and user-friendly analytics wizards allow legal departments to monitor work in progress, measure actual spend, and forecast budgets accurately.

Organizations can analyze data across variables such as matter type, jurisdiction, or timekeeper seniority within a spend management tool. Legal operations use this data to decide improvements to ensure legal is contributing towards the business reaching its objectives. Such tactics borne from using data in this way include:

  • Making better matter resourcing decisions
  • Negotiating discounts
  • Getting more value from firms
  • Making the business case for hiring more internal staff

However, Legal Operations miss a trick when data analysis from a particular tool is used in isolation. This means that it is critical that Legal Operations look at reporting insights in combination with political, economic and regulatory information from the market sector. For example, legal spend budgets can become distorted during periods of significant regulatory change or through an uplift in litigation and/or regulatory investigations, creating outliers to regular activity. A clear view of how the underlying legal spend is trending for normal business-as-usual activities (based on matter types) will help the decision-makers support any budget changes. For example, when the European data protection regulation GDPR came in, many companies would have seen an increase in their legal spend as they sought advice to implement the new rules, thereby increasing their legal budgets.

Where the in-house legal function is working closely and in partnership with the business units across the company, the range of information and data it holds will often put it in a unique position within the organization by having a holistic view of what is going on across the company. This data supports an awareness of what the business is doing and forms part of the historic corporate knowledge built over the years, such as previous contracts, decisions, and outcomes. Historically, this information was not in a structured electronic format, which meant any form of data and trend analysis or knowledge management was very manual and time-consuming.

With the increase in legal matter management, legal spend management solutions, and better document search and retrieval, there is a growing need and clamor for data processing, analysis, and knowledge management. Capturing basic contract terms and/or details of legal opinions in a matter management system provides a very simple knowledge management tool and a rich source of data. Other tools that will help provide data are solutions to create standard contracts, access to benchmark reports, and internal resources (finance reports, etc.).

The legal operations teams seeing the most value combine data from various technology tools to take their strategic input to the next level. One such area, which is of massive importance to the entire business, is the management and mitigation of risk.

A legal operations team that is carrying out data analysis on all the data at its disposal will be able to identify trends that will lead to a range of questions that should spark further debate, such as:

  • How much work gets done in-house versus being sent externally?
  • Are the correct processes being followed?
  • Is the right level of technical support given for the type of transaction? Is there a change in the fee arrangements used?
  • Is there growth in the types of transactions at a business unit or country level?
  • Is one firm being used more than others for similar transaction types from a particular part of the business / legal team?
  • How does the firm perform against others for similar transactions, both in price and performance?
  • How does the business differ from market peers?
  • What is required to manage a specific regulatory change?
  • Are the in-house legal function and its staff compliant with the relevant regulatory authority guidelines, such as the Solicitor Regulation Authority (SRA), etc.?

Below are some examples of how the answers to these questions could demonstrate a change in the risk profile and appetite.

By monitoring the volumes of work, the type of work, who is doing it (in-house lawyers, external lawyers, or a combination of both), the time taken, the costs, etc., the legal operations team can better advise on the organizational design, support, and management of the legal function as well as the risk profile and the risk appetite of the legal function and in some instances the supported businesses. Comparing this data to benchmarks would highlight variances that help support any decisions.

A better understanding of the work (and who is doing the work) will help ensure that the legal function stays properly resourced and is not taking on activities better placed in other parts of the organization and that the appropriate processes, controls, and procedures are in place. This might cover such things as law firm engagement and/or payment of invoices by appropriately authorized individuals within the legal function. For the legal function and its in-house staff, this might include ensuring that they comply with the rules of the governing bodies such as the SRA, NALP or the Federal Bar Association in Germany.

A lack of the appropriate technical support (whether from work done in-house or by external law firms) on deals could lead to drafting errors and/or incorrect advice distributed, potentially leading to greater exposure to legal risk. For the more complex arrangements, it would be normal to see more senior lawyers engaged in the matter.

Spotting an uplift in a particular type of work (such as litigation) or activity (such as drafting) could indicate a lack of understanding of the contract terms within the front-line business areas who are requesting contract changes, bad working practices, poor standard documentation, or changes in the markets and/or economic climate (each of which also presents opportunities). Legal operations teams can help to mitigate these by highlighting trends and ensuring that the legal function:

  • Delivers better training and communication to the business,
  • Carries out regular reviews of standard documentation,
  • Supports reviews of policies, practices, and procedures, and
  • Develops a better understanding of the market.

Consistent use of one firm over others should raise questions. They may be competitive in price or have the appropriate skill sets. When analyzed against performance and cost, this may become self-evident, but if not, there may be other reasons to be investigated. As part of the legal operations team’s vendor management program, they should ensure that the firm maintains the right skill sets for their work, as this will help mitigate legal risk caused by a lack of technical knowledge and support.

A significant move to fixed fee arrangements with law firms is beneficial if a) both parties are clear on what activities should be covered, by whom, and when, and b) confident that the agreed pricing is fair and balanced. However, suppose the firm is not providing any supporting timekeeper activity data. In that case, it becomes difficult to know whether the firm is providing the proper technical support and whether the fee structure is still fair and balanced. A legal operations team can help ensure that the legal function obtains the best fee arrangements through regular firm reviews and enforcing governance of the billing rules. They can also ensure that the firm is providing the proper technical support for this type of work, as this will not be evident from the invoice data.

Capturing brief details of the contract terms and using software to create standard term contracts will allow the legal teams to identify contracts impacted by new regulatory changes. An example of this is the proposal from the Bank of England for banks to carry out climate change stress testing. Due to this regulation an awareness of the type of contracts and contract terms will become more relevant. A legal operations team that can quickly pull this information together can help support the business by ensuring the scope of work is understood and adequately resourced.

With the increase in cyber security and greater scrutiny by regulators who are starting to require more rapid, robust, evidence-based reporting, the need for greater use of these solutions is becoming more prevalent to avoid compromised data and eventual fines. Understanding what data goes to which supplier helps ensure that those suppliers have appropriate controls to manage that information in line with Information Governance and Records Management policies and procedures and that any breaches get promptly reported.

It is also worth noting that a lack of data in the legal systems is equally as insightful as it will show where parts of the business and/or legal function need to follow agreed practices and procedures. Using data from the legal spend management solution will help identify where within the organization external legal costs have been incurred and with whom, which can assist in building an awareness of the use of external legal support and potentially close any gaps or tighten any controls. Furthermore, using “gap” reports in the legal systems helps identify problems within the data that will distort any data analysis.

For legal operations teams to deliver process improvements and efficiencies, ensure compliance with policies and regulatory requirements, optimize their spend and manage risk, they should analyze the available data from all the data sources at their disposal. As they start to analyze all their data, instead of analyzing point solution data in isolation, they will begin to discover new trends and insights not previously seen or understood.

Request a demo of BusyLamp eBilling.Space today.