Melbourne Legal Hackers Meetup

Given my past legal training and experience, and my ongoing engagement with technology such as Blockchain, I try to keep up with what is going on in the legal profession, and its use and adoption of tech. But is it LawTech, LegalTech, or LegTech? Whatever, the recent Legal Hackers Meetup in Melbourne offered some definitions, as well as a few insights on current developments and trends.

The first speaker, Eric Chin from Alpha Creates, defined it as “tech arbitrage in the delivery of legal services”. He referred to Stanford Law School’s CodeX Techindex which has identified nine categories of legal technology services, and is maintaining a directory of companies active in each of those sectors.

According to Eric, recent research suggests that on average law firms have a low spend on legal technology and workflow tools. But typically, 9% of corporate legal services budgets are being allocated to “New Law” service providers. Separately, there are a growing number of LegalTech hubs and accelerators.

Meanwhile, the Big Four accounting firms are hiring more lawyers, and building our their legal operations, and investing in legal tech and New Law (which is defined as “using labour arbitrage in the delivery of legal services”).

Key areas of focus for most firms are Practice Management, Legal Document Automation,
Legal Operations and e-Discovery.

Joel Seignior, Legal Counsel on the West Gate Tunnel Project, made passing mention of Robert J Gordon’s economic thesis in “The Rise and Fall of American Growth”, which at its heart postulates that despite all appearances to the contrary, the many recent innovations we have seen in IT have not actually delivered on their promises. He also referred to
Michael Mullany’s 8 Lessons from 16 Years of the Gartner Hype Cycle, which the author considers to be past its use-by date. Which, when taken together, suggest that the promise of LegalTech is somewhat over-rated.

Nevertheless, businesses such as LawGeex are working in the legal AI landscape and other disciplines to deliver efficiency gains and value-added solutions for matter management, e-billing, and contract automation. Overall, UX/UI has finally caught up with technology like document automation and expert systems.

Finally, Caitlin Garner, Head of Innovation at Allens spoke about her firm’s experience in developing a Litigation Innovation Program, underpinned by a philosophy of “client first, not tech first”. One outcome is REDDA, a real estate due diligence app, that combines contract analytics, knowledge automation, reporting and collaboration. Using off-the shelf solutions such as Kira’s Machine Learning, Neota’s Expert System and HighQ, the Allens team have developed a transferable template model. Using a “Return & Earn” case study, the firm has enabled the on-boarding of multiple suppliers into a streamlined contract management, signature and execution solution.

Next week: Notes from New York Blockchain Week

 

Startup Vic’s Professional Services Pitch Night

For the first of Startup Vic’s monthly pitch nights for 2018, professional services were put under the spotlight. There is a public dialogue on the types and numbers of roles that will disappear due to automation (the professions are no different) and here were four startups seeking to engage in that conversation. Assuming that every industry and every occupation is vulnerable to disruption (and should be alert to the potential opportunities that presents), why should accountants and lawyers feel left out?

Image sourced from Startup Vic Meetup page

Myaccountant

With the promise of enabling users to lodge their BAS return from a smart phone, this app is aimed at micro businesses that struggle with bookkeeping and accounting tasks. Since accounting software packages do not support direct BAS lodgement (although expect this to change…), the app charges $39 per BAS, with no bookkeeping or accounting fees, and shares the fee with the accountants who do the lodgement.

The app is able to extract data from vendor APIs such as Expert360, Airtasker, Uber, etc., and connect to users’ bank accounts. Since launching in January, the app has generated 200 sign ups, with very little direct marketing or paid acquisition so far. The app is also aiming to achieve ISO 27000 (information security).

The panel of judges would have liked to have heard more about the acquisition strategy, and how the app deals with income and expense categorisation, different tax rates, zero rated items, and export sales etc. They also wondered about the competition, and overseas markets

Contractprobe

Developed by Neural Contract, this product uses machine learning to review contracts in 60 seconds. Using a scoring model, it rates documents according to established best practice and bench-marking, suggest sample text for missing clauses, and identifies problems found.

The service is available for ad hoc use, under a monthly subscription, or as custom packages.

According to the founders, the service can save 40% of the time usually spent on contract reviews. It offers a high level of privacy – the uploaded contract, report and transaction ID is deleted upon completion (although it wasn’t clear what records are retained for the purposes of clause analysis, data and analytics – including client profiling and user context.)

To reassure any lawyers in the audience, the product stills relies on human input to apply judgment to the choice of clauses, for example. However, a clear value of the review process is ensuring that phrases and key words are properly defined in the contract.

The judges wondered where this product fits in with open source documentation and pre-drafted documents, whether there are specific verticals more suited to this service, and what trust and liability issues might arise. Is it more of a “clause-spotter” rather than an expert system? How does it address statutory clauses, and the question of whether clauses are actually enforceable?

The service has about 40 clients, including law firms, and is now moving into corporate clients.

Businest

This product is designed to help with cashflow management, which the founders describe as an “iceberg” issue. They point to data that suggests 87% of SMEs have issues with cashflow.

Claiming to use AI to coach SMEs and accountants, the goal is to allow business owners to focus on what they do best, and move accountants from “compliance to advisory”. Applying its own algorithm to cashflow analysis, the service also provides training content to advisors.

Offering both SME and advisor pricing models, the founders have launched a pilot with MYOB. They also point to market research and commentary (CEDR, AFR, CPA, CA…) that indicates the market wants it.

The judges felt that the banks won’t rush to endorse the service (although under the open banking data protocol, they won’t be able to prevent customers linking their accounts) because they are used to the interest they charge on overdraft facilities and credit cards.

Brandollo

This is a marketing tech start-up, aimed at SMEs that struggle to access tailored advice. Targeting B2B clients, in the professional services sector,  with less than 80 staff.

Briefly referring to the use of AI and ML, the service claims to reduce marketing costs by 80%. It offers a brand gap analysis and makes recommendations, that can be implemented without external help. The process looks at execution issues, content requirements, and actual solutions.

Aiming for 200,000 clients in 5 years (currently standing at 200+), the main competitor is Benchmarketing. Brandello offers a freemium model, with a 3-tier paid-for service. They can connect clients to experts, provide a quote to execute and then take a commission on the resulting solution.

 

Based on the judges’ verdict, the winner was Myaccountant. While the people’s choice was a tie between Myaccountant and Contractprobe.

Next week: The General Taxonomy for Cryptographic Assets

Putting a Price on Value

In the course of my consulting work, I often work with clients (who are themselves consultants and service providers) to review their pricing models. The goal is to help my clients clarify what they are charging for, to ensure that both they and their own customers are comfortable with the price. What often emerges is that on its own, “time-based” pricing is becoming harder to justify, unless there is a clear understanding of the resulting value created and transferred.

adding-valueAmong some of the major consulting and professional service firms, there is a growing awareness that pricing based on billable hours alone is no longer sustainable. This in turn is forcing firms to review how they put a price on their work. They recognise the need to shift from billing clients for “time and materials”, to generating license fees and royalties for the use of proprietary IP, and to offering “XaaS” models that comprise a blend of “always on” retainer and actual service delivery, neither of which is wholly based on time or effort spent.

At the same time, many input costs are actually decreasing:

  • Reduced staff overheads via offshoring and outsourcing
  • Cheaper technology (although we consume more of it)
  • More open source tools and freeware available
  • Ubiquity of BYOD
  • Greater use of remote working, telecommuting and hot desks

What this means for the clients I work with is that they need to have a better grasp of the amount of effort applied and the level of expertise they deliver to their customers. If there are significant parts of the project costs that have to be measured by actual time spent, then it is important to make sure that the customer understands the effort required.

How else can consultants and professional service firms demonstrate value, other than by billable hours alone?

To begin with, clarify exactly what the customer thinks they are paying for. There can be nothing worse than consultants spending most of their time and effort on tasks or activities where the customer does not see a material benefit, or which the customer does not value.

Clearly, if there are measurable and quantifiable outcomes for the customer, then that is a good basis for demonstrating value. For example, direct cost savings to the customer, or reduced opportunity costs in terms of time to market or other factors. However, it may be harder to demonstrate the direct benefit of some qualitative outcomes, at least in the short term.

Some pricing models include a consultant “success fee” coupled to a share of revenue, profit or costs savings (which can be high-risk for consultants if they have no control over the implementation and execution). Other consultants are working with their clients to co-create products and services, which can generate standalone revenue streams from the shared IP. Others are adopting more collaborative approaches to consulting which build long-term value through the quality and nature of the relationships which are more like partnerships than transactions. This can remove the customer’s anxiety that the “meter is always running”, although such arrangements still require expectations to be managed through agreed boundaries and clear rules of engagement.

One model I use with clients is to figure out the nature (as well as the amount) of the value they are being asked to deliver, based on why the customer is buying, as much as what they are paying for. Some of the factors to consider include:

  • Risk mitigation – is the customer in effect buying an insurance policy, transferring their own risk, or reducing their exposure to risk?
  • Must have – is the customer having to meet a regulatory or compliance obligation?
  • Best practice – does the customer aspire to be among the best in their industry?
  • Competitive advantage – is the customer getting something unique or hard to replicate?
  • Peer pressure – does the customer need to meet a recognised standard or level of competence?
  • Situational – does the customer need to build or acquire appropriate skills and capabilities?
  • Urgency – is the customer willing to pay more for a speedier service? (This is one area where time-based pricing can still be relevant!)

It’s also important to understand how customers are funding their purchase. For example:

  • which cost centre is paying for the service?
  • what is the purchasing criteria?
  • what cost/benefit analysis has been done?
  • is there a specific budget allocation, or is it coming out of existing operating costs?

Of course, consultants are frequently hired to bring an alternative (and sometimes critical) perspective to their clients’ problems. In which case, getting an external opinion has value in itself, and the customer should accept there is a cost associated with having access to someone else’s brain – even if it is only for a few hours.

Finally, for an alternative perspective, I would refer to recent comments made by Ash Maurya (author of “Running Lean”, and creator of Lean Canvas) when he was in Melbourne. Talking about how to scale startups, he made the observation that, “selling time [as a consultant] is not scalable … There’s only 24 hours in a day.”

Next week: Food for thought at #StartupVic’s #pitch night