Don't be afraid to welcome electronic overlords
In-house counsel must embrace the technology revolution in the legal department
April 29, 2012 at 08:00 PM
7 minute read
Lawyers tend not to be the world's most daring folks. As we are raised through the “baby lawyer” stage, we are taught that protecting our clients through the negative path results in a safe client and a safe lawyer. For the in-house lawyer, this philosophy is quickly dashed on the rocks of client demands and reality. Our internal clients are risk-takers and demand that their lawyers “find a way.”
So we alter our mindset and try to become more business-friendly, and sometimes discover our entrepreneurial and daring side in order to best serve our clients, and excel in the new economy.
When interacting with my in-house peers, the risk-averse philosophy is more stubborn when it comes to the tools of the trade. The change from books to Lexis and Westlaw may have been a painful one, but we adjusted and can't imagine going back now. But present an in-house lawyer with a room full of legal technology salespeople at a conference, and he might try to tunnel through the ballroom floor with a plastic spoon.
Last year, at a large in-house conference, I caught up to a friend of mine as he quickly fled the vendor hall. I asked, “Why did you take off so quickly?” He responded: “Ugh, those guys, they're all so … SALESY.” I suppressed snarky replies and said, “Don't you need some of that stuff in there?” He did. He told me just the previous day that his department was understaffed and overworked. But they did have a few budget dollars they could steal away for technology that could address some of the lower-level tactical aspects. But two fears were holding him back: the in-house counsel's (misguided) fear of “the pitch” and his fear of the technology itself.
Why fear the pitch? Legal technology salespeople are becoming more knowledgeable not just about their products but also about the market they serve. Fortune 1000 conglomerates have snapped up many formerly small legal tech companies, bringing big company sophistication and selling techniques to what may have been an already great solution. The days of the hard sell are rapidly passing. If you give a vendor just 10 minutes of your time, you will be surprised what you may learn.
Why fear the technology? Because “new” is daunting. New takes mastery and time. Building the expertise is scary because we know we may not be able to succeed. But it took time to learn the nuances and shortcuts in Microsoft Word. Now you can't imagine life without it.
Give yourself the time to gain proficiency. Reserve a little bit of time each week to explore new legal technology solutions and work on becoming better at using the technology you have, and it will pay big dividends. As a solo practitioner in a company with thousands of employees in a regulated industry, my weekly time for such activities is slim. I read the updates/client tips from my legal research software which are published every week (five minutes/week), and I either fool around with operationalizing the tips orpractice using a different technology tool (15 minutes/week). Certainly, I stumbled on multiple projects and wasted some short-term time. But the investment has paid off. Give yourself time to get started and to get better.
Also, you have to build a department that will scale. Throwing people at every problem is not scaling. Addressing systems and processes and looking at repeatable efforts is the key to a scalable, cost-conscious legal department. As much as we may hate it, look at your department as if it is an operational silo. Your job is to produce legal advice and/ or documentation. Both you and your business clients must constantly examine their operations for efficiency and cost savings. Technology ultimately will be the key to this effort.
Take the chance to explore the legal technology universe, and you may end up benefiting far beyond your expectations.
Stephen Kaplan is senior vice president and general counsel of Connextions Inc.
Lawyers tend not to be the world's most daring folks. As we are raised through the “baby lawyer” stage, we are taught that protecting our clients through the negative path results in a safe client and a safe lawyer. For the in-house lawyer, this philosophy is quickly dashed on the rocks of client demands and reality. Our internal clients are risk-takers and demand that their lawyers “find a way.”
So we alter our mindset and try to become more business-friendly, and sometimes discover our entrepreneurial and daring side in order to best serve our clients, and excel in the new economy.
When interacting with my in-house peers, the risk-averse philosophy is more stubborn when it comes to the tools of the trade. The change from books to Lexis and Westlaw may have been a painful one, but we adjusted and can't imagine going back now. But present an in-house lawyer with a room full of legal technology salespeople at a conference, and he might try to tunnel through the ballroom floor with a plastic spoon.
Last year, at a large in-house conference, I caught up to a friend of mine as he quickly fled the vendor hall. I asked, “Why did you take off so quickly?” He responded: “Ugh, those guys, they're all so … SALESY.” I suppressed snarky replies and said, “Don't you need some of that stuff in there?” He did. He told me just the previous day that his department was understaffed and overworked. But they did have a few budget dollars they could steal away for technology that could address some of the lower-level tactical aspects. But two fears were holding him back: the in-house counsel's (misguided) fear of “the pitch” and his fear of the technology itself.
Why fear the pitch? Legal technology salespeople are becoming more knowledgeable not just about their products but also about the market they serve. Fortune 1000 conglomerates have snapped up many formerly small legal tech companies, bringing big company sophistication and selling techniques to what may have been an already great solution. The days of the hard sell are rapidly passing. If you give a vendor just 10 minutes of your time, you will be surprised what you may learn.
Why fear the technology? Because “new” is daunting. New takes mastery and time. Building the expertise is scary because we know we may not be able to succeed. But it took time to learn the nuances and shortcuts in
Give yourself the time to gain proficiency. Reserve a little bit of time each week to explore new legal technology solutions and work on becoming better at using the technology you have, and it will pay big dividends. As a solo practitioner in a company with thousands of employees in a regulated industry, my weekly time for such activities is slim. I read the updates/client tips from my legal research software which are published every week (five minutes/week), and I either fool around with operationalizing the tips orpractice using a different technology tool (15 minutes/week). Certainly, I stumbled on multiple projects and wasted some short-term time. But the investment has paid off. Give yourself time to get started and to get better.
Also, you have to build a department that will scale. Throwing people at every problem is not scaling. Addressing systems and processes and looking at repeatable efforts is the key to a scalable, cost-conscious legal department. As much as we may hate it, look at your department as if it is an operational silo. Your job is to produce legal advice and/ or documentation. Both you and your business clients must constantly examine their operations for efficiency and cost savings. Technology ultimately will be the key to this effort.
Take the chance to explore the legal technology universe, and you may end up benefiting far beyond your expectations.
Stephen Kaplan is senior vice president and general counsel of
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNetflix Music Guru Becomes First GC of Startup Helping Independent Artists Monetize Catalogs
2 minute readGlobal Software Firm Trying to Jump-Start Growth Hands CLO Post to 3-Time Legal Chief
Meta Workers Aren't of One Mind on Company's Retreat From DEI, Fact-Checking
Trending Stories
- 1No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 2Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 3Meet the New President of NY's Association of Trial Court Jurists
- 4Lawyers' Phones Are Ringing: What Should Employers Do If ICE Raids Their Business?
- 5Freshfields Hires Ex-SEC Corporate Finance Director in Silicon Valley
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250