OMGā¦ I have so many thoughts / rants. Iām going to answer conceptually AND concretely.
- In legal buy, we try to swap the mutual trust required for stable institutional relationships function with stuff that intrinsically ERODES trust (increasingly granular contractual obligations followed by increasingly invasive administrative monitoring + enforcement). Clients do this to outside firms, and firms are doing this to partners, fee earners and staff. This is going in the wrong direction.
- We confuse āmore expedient for me nowā with ābetter for everyone foreverā without regard to second- and third-order impacts and unintended harm.
- We bolt on new requirements, processes, tech, programs, initiatives, and priorities without rationalizing/refactoring what exists.
Examples of how this manifests.
Convergence and volume discounts.
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Itās true clients would benefit from a rationalized legal supply chain of fewer providers overall. But first-gen (and many current-gen) efforts are geared at exactly that without too much rigor on optimal coverage. One-stop (or fewer-stop) shopping for #legal services I think has created skewed incentive for law firms to seek safety in size and breadth. As a result many law firms now have expanded geographic footprint, practice lineup, and industry coverage. Also, many law firms now say (in their marketing) that they do everything for everyone. This isā¦ bad for clients because that means that now more law firms are doing stuff that theyāre not great at.
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As against that backdrop, volume discounts are bad for both clients and firms. The current year spend reduction might be expedient for some individuals on the client side who need to hit those targets. But theyāre bad for optimizing the effectiveness and the performance of the supplier network. They create adverse incentives for in-house counsel who are economic buyers to choose suboptimal providers. They create adverse incentives for law firms to continue diffusing their focus in areas where theyāre not disadvantaged. This creates more noise in the market and makes credence goods harder to buy.
Outside counsel guidelines. These are getting more complicated, stringent and granular; and often written in a way that enables clients to unilaterally impose punitive measures / consequences for non-compliance. Theyāre also fragmented across the market because so many clients customize how administrative tasks need to be done (tech can help here, but this is a problem that doesnāt need to exist or be so bad). In practice, this lets clients impose additional discounts as penalties without a forcing function for any conversation with suppliers. This is bad for firms bc of immediate revenue leakage, but itās bad for both clients and firms because it exponentially explodes administrative burden on both sides. Instead of picking up the phone, voicing concerns about a matter and asking for an adjustment off the invoice, billing guidelines basically generate up to 100 adjustments at the time entry level for (a) someone at the supplier to review and maybe contest; (b) someone at the client to review appeals and respond. This is not a functional way for large scale institutions to transact business. Basically, we are grafting digitalization to the billing process without appropriate refactoring of what existed before: time as atomic unit of value and time entry descriptors of that value written by humans for humans to read. For e-billing to really deliver on its potential, we need to rethink AT MINIMUM how providers can generate time entries (combining human effort + tech) that computers can read/process.
I could go on forever but these are top of mind.