A Survival Guide for Legal Practice Managers

A Survival Guide for Legal Practice Managers

Creativity is the key to adapting and innovating in the changing legal landscape

Tuesday, September 19, 2017

By John Ahern, CEO, InfoTrack

There’s no denying the increase in the push for technology adoption in the workplace (and outside of it) since the turn of the century. Almost two decades in and this push has evolved into a necessity, leaving late adopters at risk of falling behind. According to not-for-profit organisation P21, the key skills of the 21st-century are communication, collaboration, critical thinking and creativity – the 4 C’s. In anticipation of this year’s ALPMA summit, ‘Sailing the 4 C’s’, ALPMA and InfoTrack surveyed over 100 firms in Australia and New Zealand to gain insight into how well Australasian law firms were embracing the key 21st century skills of communication, collaboration, critical thinking and creativity.

According to the research results, lawyers and law firm leaders are better at critical thinking than they are communicating and collaborating, while most are ineffective when it came to finding creative solutions. These results are not surprising, but they indicate that the legal industry as a whole still needs to modernise its mindset.

Creativity is not ‘arts and crafts’; it’s the starting point for innovation and the key to not just surviving but thriving in the new legal landscape. You should be thinking creatively when it comes to the other C’s as well – how can you differentiate yourself when it comes to communication, collaboration and critical thinking? What new things can you bring to your firm as a business to provide a better service to your clients?

The survey results indicate firms are all at different stages of the journey and looking for ways to improve these skills. As an innovative technology company, we live and breathe the 4 C’s and understand how each component impacts your success. Bearing this in mind, I’d like to share with you some tips on how you can further embrace the 4 C’s in your legal practice.

Communication

How do you open communication while maintaining focus and minimising noise?

  • Create an inclusive culture where staff feel safe sharing ideas. When you make an effort to understand your staff, their working style and what motivates them, you create an environment for open communication. At InfoTrack we’ve conducted employee profiling workshops which have helped our employees not only better understand their own working style, but how they can enhance communication with their colleagues.
  • Create clear outlines for afterhours communications to minimise noise. Ensure your employees know when and why to use certain channels. I’ve worked with many firms who have policies around what certain communications mean at certain times. For example, if you send an email afterhours, know that it won’t be read until the next day. If you text afterhours, know that you’re interrupting someone. If you call afterhours, know it will be treated as an emergency. Set these boundaries to avoid entering a never-ending loop that can cause burnout.
  • Set aside specific time for staff to talk to partners. This is a common strategy I’ve come across that is a great way to encourage more efficient and effective communications. I’ve known some principals who set aside specific hours each week to open the floor to questions from anyone, either via conference call, open door policy or simply being available on their phone during their commute to or from work.

Collaboration

As we become more digitally dispersed around the world, the need for effective collaboration increases. Clients are used to doing almost everything online and that includes legal services now. The younger generation of employees at your firm expects collaborative software and online tools.

How do you maximise collaboration in the digital age?

  • Use platforms that enable you to provide your clients with transparent and mobile service. Many firms are beginning to use portals which enable clients to view all documents and searches related to their matter online.
  • Move processes online to allow for document sharing and better integration across your firm. A lot of firms are beginning to implement Office 365 and other platforms that enable online collaboration across teams.

Critical Thinking

As lawyers, you are pros at critical thinking when it comes to legal projects, but you often forget to use that same critical eye when it comes to business decisions.

How can you implement critical thinking from a business perspective?

  • View technology as an enabler and figure out how you can make it work for you. I’ve been travelling across Australia to educate the market on e-Conveyancing and it’s a classic example of scalable technology that firms of any size can adopt. There’s a way for every single firm to make it work for them, it’s just about giving it a try and working with suppliers to find the solutions that fits your firm.
  • Approach new opportunities with solutions not problems. I’ve been in a number of boardrooms with major law firms while they’re deciding if they should invest in new technology. Firms generally fall in one of two camps; they come to the table with 100 reasons why not to implement it, or they come in determined to find a way to take advantage of a new tool and differentiate their business.

Creativity

Of the four key 21st century skills, creativity was the least strongly-valued skill. Effectively adopting creativity in your law firm gives you a competitive advantage in the overcrowded sea of competitors.

How can you foster creativity in your firm?

  • Turn everyone into a thought leader, don’t just rely on partners to lead the way. Empower your employees to suggest process changes, to research new tools, to get their voices out there and to always be looking for ways to improve the business.
  • Differentiate your firm and develop new ways to drive more business. I’ve seen firms who’ve implemented iPads at reception that can show clients their matter and a list of all related documents. Others have created bespoke client portals and others are digitising processes to provide a more modern experience for their clients. When you can provide clients with a quality, modern, streamlined experience, they’ll recommend you to their friends.

In an industry that’s constantly being disrupted, the 4C’s are pivotal to your success because they underpin innovation and allow you to be adapt to the changing market. The survey revealed that many firms are focusing all their efforts internally and failing to rely on partners and suppliers in this journey; remember that you’re not it in alone. Lean on your suppliers and demand more from them. Invest in vendors who are investing in their technology and providing you with new solutions that are innovative, flexible and make your life easier. The right vendors will help you develop the 4C’s.

When you’re looking at new suppliers, thinking about new projects or implementing new processes, make sure you ask yourself:

Is this going to help me differentiate my business?

Is this going to enhance the way I interact with my clients?

Is this going to enable me to innovate?

Is this going to help me problem-solve more effectively?

Editor's Note

research front coverThe ALPMA/InfoTrack 21st Century Thinking at Australasian Law Firms research measures how well Australasian law firms are embracing the key 21st century learning skills of creativity, critical-thinking, communication and collaboration, as defined by the influential P21 organisation. You can download your copy of the results here


About our Guest Blogger

John AhernJohn Ahern is CEO of InfoTrack, proud principal partner of the 2017 ALPMA Summit.

John joined InfoTrack in 2015 as the Chief Technology Officer taking charge for establishing the company’s technical vision and leading on all aspects of InfoTrack’s technology development. John was appointed to the role of Chief Executive Officer in May of 2015 where he is now responsible for maintaining the extensive growth of InfoTrack in the Australian market.

John has over 20 years' experience in the Information Sector, having worked in a number of engineering, sales and executive positions. With a strong technical background, he has vast experience in designing and developing products and has delivered platforms from inception to production.

Rod McGeoch's 15-Point Credo for Leadership

Thursday, September 14, 2017

Rod McGeoch

The 2017 ALPMA Summit kicked off in Brisbane with an inspiring keynote presentation from Rod McGeoch AO, distinguished business man, leader of Sydney’s successful Olympics 2000 bid, and Co-Chairman of the Australia New Zealand Leadership Forum. 

Rod shared war stories from across his distinguished career ending with his 15-point personal credo, that he has generously agreed to share in this post.

Rod's Credo For Leadership


1. You must know your real strengths and weaknesses, not what you or others perceive are your strengths and weaknesses.  You must know whether you are at your peak in the mornings in in the evenings. Then plan around your peak performance times.

2. You must be aware that you do not get what you deserve; you get what you negotiate.

3. You must never say “Get it any price.”  Get it, and get the best price.

4. Timing is the most important thing; it is the only thing. You know it is better to be approximately right at exactly the right time, than to be exactly right at completely the wrong time.

5. You learn to operate by the 80/20 rule: you expect 80% of the result with 20% of the cost in 20% of the time. By the 80/20 rule, you achieve five times as much as those who strive for perfection.

6. You put your family first and your business second.

7. You read biographies. You seek mentors. You ask yourself what your mentors would do in each situation, not just what they would say.

8. You never apologise for wanting only exceptional people to work for you. And you pay those people well.

9. You congratulate employees publically but criticise them privately. You write 'thank you' notes and send them to your employees’ homes.

10. You put up whiteboards about production figures and costs.  After all, how would you like playing in a football game every day with no scores?

11. You never ask anyone to deliver what is beyond them.

12. You do not compete with the economy. The economy is the excuse people use for under performance. 

13. You protect your reputation. It is your most important asset.

14. You work long and you work smart. You work five to nine not nine to five.

15. You manage by walking around. You never tire of going to the shop floor where your people are. You ask them what you can do to help them do their job better.

You celebrate success and involve everyone in the celebrations.

Editor's Note:

You can watch most of the presentations from the 2017 ALPMA Summit - and share this with colleagues at your firm by purchasing the 2017 ALPMA Summit On-Demand package, proudly supported by BigHand.

About Rod McGeoch

Rod McGeoch has had a remarkable career at the forefront of business, sports administration and the legal profession. He unites exemplary senior level management experience with an unparalleled commitment to achievement.  Perhaps best known as the leader of Sydney's successful Olympics 2000 bid, he is Chairman or Director of a wide range of major corporations and past Chairman of Corrs Chambers Westgarth, one of Australia's largest law firms.

Rod McGeoch was described in an ABN AMRO report as one of Australasia's most influential Directors; his appointments included Chairman of Vantage Private Equity Group Limited and BGP Investments/Holdings plc. He is also a Director of Ramsay Health Care Limited and a member of the Board of Destination NSW and Sky City Entertainment Group Limited.

He is Co-Chairman of the Australia New Zealand Leadership Forum, a past President of the Law Society of NSW and a Member of the Order of Australia, awarded in recognition of his invaluable services to the legal profession.

Are you well-connected? Embracing technology and tips for choosing legal technology for your practice

Tuesday, September 12, 2017

By Karen Lee, Principal of Legal Know-How, Legal Industry Advisor, SAI Global

The future is connectivity

The dictionary definition of connectivity is the state of being connected or interconnected. “The future is moving towards connectivity” is not an understatement. Did you know, by 2026, cars will communicate with each other and share information about road and weather conditions? They will also be connected to infrastructure such as smart highways and traffic lights, so they can propose a change of plan en route based on real-time conditions.

Connectivity and technology

With this in mind, would you consider driving a well-connected car, or would you opt not too? This pretty much is a rhetorical question as it has an obvious answer.

In a recent PwC report on the future of banking in Australia, the leading multinational professional services firm identifies that changing technology is one of six powerful forces that are reshaping the banking industry. Among other things, the report said that banks need to be more deeply connected to customers.

This, indeed, is true. Australians are known for being fast adopters of new technology, and in May 2017, European fintech company TransferWise found 78 per cent of Australians did their banking online. No doubt we have all observed that some banks have revamped the manner in which they offer products as well as services on mobile devices.

“The future is connectivity” spells true not only for the banking industry, but also other industries, including the legal industry.

Connectivity and legal practice management

Is connectivity relevant to legal practice managers? The answer is a definite yes. The Law Society of New South Wales’s 2017 FLIP report noted that “legal services and the legal profession are evolving in the context of increased connectivity.” FLIP is short the Future of Law and Innovation in the Profession. The FLIP report provides recommendations to enable lawyers to adapt to changes that are taking place. It also looks over the horizon in an effort to gauge what might lie ahead. One of the FLIP report’s findings is that connectivity raises new and great opportunities and threats for lawyers.


Undeniably, lawyers who are well-connected to technology enjoy many benefits. Recently, Lawyers Weekly

has a cover story on the “rebooting” of the legal profession. It reported that law firms are incorporating advance technology such as blockchain and e-signatures into their service propositions, and the “big wins” of embracing technology include increased client retention rates, flexibility and employee satisfaction, together with the ability to offer a more effective and efficient way of doing business. As you can see, being well-connected to technology also means you are well-connected to clients and staff. It also enables access to data, information and knowledge. Importantly, as we have highlighted in an earlier ALPMA blog post, the ability to generate useful commercial information (which impacts on the ability to create new knowledge) is at the heart of a law firm’s competitive advantage. Imagine this – you can extract and analyse data which can potentially be converted into insights, then present this knowledge in a format that enables decision makers to act, and you do this better than others in the market. Isn’t this a real competitive advantage?


In terms of threats, the Lawyers Weekly article reported that technology such as robo-lawyers and artificial intelligence are seen by some as taking jobs away from lawyers and damaging the way clients are advised. One can certainly argue that technology may pose a threat to the traditional way lawyers do business, but it is fair to say that technology also is an opportunity for lawyers to do business in a new and different way.

Lawyers cannot not embrace technology

We already know that technology is relevant to the business of law, but did you know that it is also relevant to the ethics of law?

Earlier this year, Dr Eugene Clark argued that lawyers cannot ethically avoid using technology tools. Dr Clark, as Dean and Professor of Law of the Sydney City School of Law, said lawyers must take responsibility for the digital security of client and other information, they must know about encryption and the risks and benefits of cloud computing, and they must be responsible for keeping up to date with technological advances and the issues they raise in relation to the delivery of legal services.


So, you know you must embrace technology. But how do you choose legal technology for your practice? What are the key things you should consider?

Tips for choosing legal software

Some people (such as lawyers) and some organisations (such as law firms) are scared of technology, and this leads to its slow adoption. Often, after a bit of investigation, the real reason for not embracing technology is not a fear of technology, but a fear that technology would not meet their needs. Here are some check points to help you choose a technology solution that will meet your needs:

  • Does your service provider offer a range of generic solutions which you can adopt at any time? For those who feel jumping into a completely new software system seems like a daunting proposition, starting first with a more generic solution could be a quick win and a confidence booster. May be all you need or all you are prepared to invest in for now in is an easy and reliable way to access people and company information. Once you realise that conducting your searches using certain technology will reduce the time spent sourcing and analysing the information by 49%, then trying a data visualisation tool to display people and company information and addresses their associations in an interactive visual workspace will not intimidate. In fact, once you have a taste of what technology can do, it can be exciting to learn how you can further leverage technology to improve efficiency!
  • Does your service provider offer a range of specific solutions which you can tailor to suit your needs? Look out for custom solutions with software integration that offers the specific functionality you need for your practice, be it workflow automation or document management.
  • Is it easy to use? Look out for legal software solutions that do not need expensive hardware or installations. For example, something that everyone can access through their ordinary web browser is highly flexible.

Choosing the right legal technology that meets a law firm’s needs can be a minefield at times. By selecting a service provider who can help you stocktake what you currently have and guide your transition into using more and better technology, you will be off to a good start. 

Editor's Note 


SAI Global are proud to be a Gold Partner of the 2017 ALPMA Summit. To find out more about embracing technology and tips for choosing legal technology for your practice, join Richard Jones, Head of Segment and Strategic Sales, Property Corporate and Justin Cranna, National Key Account Manager at the 2017 ALPMA Summit Partner Connections sessions on Wednesday 13th September at 5pm at the Brisbane Convention and Exhibition Centre. The Partner Connection presentations are free to attend and part of the public opening of the 2017 ALPMA Summit Trade Exhibition, the largest gathering of legal vendors under one roof in the Southern Hemisphere. If you (or your colleagues) would like to attend the free open afternoon from 3.30 to 6.00pm, simply register here. You do not need to be attending Summit to come along.

About our Guest Blogger

Karen LeeKaren Lee is the founder of Legal Know-How and a legal industry advisor for SAI Global for 2.5 years. 

SAI Global Property is a division of SAI Global, which provides organisations with information services and solutions for managing risk, achieving compliance and driving business improvement and operational efficiency. SAI Global Property supports a range of Australian industries with information and data services and business process outsourcing services that enable our customers to operate their businesses more efficiently and with less operational and financial risk.

SAI Global are proud to announce our strategic partnership with Practice Evolve, a full legal and conveyancing practice management software capable of managing all areas of your practice on one platform.

As an ALPMA member, we offer a complimentary discovery session to review your current systems, understand your processes and drive efficiencies throughout your business. Register for your technology check here.






Who's got time for time management?

Tuesday, September 05, 2017

By Dermot Crowley, Productivity Author 

I ran a Lunch ‘n Learn presentation recently for a leading investment firm. The topic was essentially how to manage your time more effectively using technology. Twenty people turned up (out of hundreds in that particular office). Most of the attendees were junior staff and EAs. The joke around the room was that the people who really needed this were too busy to come. If I had a dollar for every time I have heard that one over the years. Many feel like they can’t afford to take the time to get organised. I believe we can’t afford not to.

In today’s busy workplace, driven by email and meetings, our time is the most precious resource we have at our disposal. While you might pride yourself on your organisational abilities, the truth for many executives, partners, managers and workers is that the workplace has changed, and how we need to organise ourselves has also changed. What might have worked a few years ago no longer makes the cut. So if you are not keeping your productivity skills and tools up to date, you will get left behind. Here are some of the productivity issues that may be killing your productivity.

Email overload

One of the biggest productivity issues of our age is email overload. We receive way too many emails every day, and often have a sizeable backlog in our Inbox. This causes stress and a reactive workstyle. Merlin Mann, the person who coined the phrase ‘Inbox Zero’ suggests that it is not really about how many emails are in your Inbox, it is about how much of your brain is captured by your Inbox. Getting on top of email is the first step to getting your head out of your Inbox and into more important and valuable work. Don’t use your Inbox as your filing system, and stop using it as an ineffective action list.

Calendar imbalance

Most of us have moved from paper diaries to an electronic calendar to manage our time. The challenge that this brings is that others now have visibility over your schedule, and will happily fill any free space with more meetings. Many executives I work with complain that they are in meetings from 9.00am to 5.00pm, and then have to catch up with the rest of their work from 5.00pm to 9.00pm. If we don’t protect time in our schedule for priorities outside of meetings, there is a risk that our time will get spent by other people. What would the ideal % split between meetings and other work be for you? What is the reality? What do you need to change?

Task fragmentation

As mentioned, you probably use an electronic calendar for all of your meetings. Yet you also probably use a range of systems and tools to remember what you need to do outside of meetings. Your Inbox, your head, a task list, post-it notes. Are your task management and prioritisation processes up to scratch? Or are you just getting by, lurching from one urgent issue to another? Taking some time out to get your priorities organised is a great use of your time. I recommend using the task system alongside your calendar in a tool like MS Outlook or Gmail.

Digital ignorance

No excuses here. You have the technology at your fingertips, but have you learned to leverage it? Do you really know how to get the most out of cutting edge tools like MS Outlook, OneNote or your smart phone? These tools were built to get your organised in the modern workplace, yet most barely scratch the surface when using this technology. Do yourself a favour, and get some training and you will unlock hours in your week.

Editor's Note

Want to learn how to use technology in a smarter way?  Dermot is presenting a Pre-Summit Workshop, "Personal Productivity in the 21st Century Workplace" on Wednesday 13 September at the Brisbane Convention and Exhibition Centre. This highly practical and inspiring session will help participants to create a productivity system that will boost their productivity and leverage their technology. You do not have to be attending ALPMA Summit 2017 to attend this workshop. The workshop costs $395 for ALPMA members or $495 for eligible non-members. Places for these workshops are strictly limited so register now! We would also like to welcome our Pre ALPMA Summit Workshop Partner Law In Order.

About our Guest Blogger

Dermot CrowleyDermot Crowley is a productivity thought leader, author, speaker and trainer. Dermot works with leaders, executives and professionals in many of Australia’s leading organisations, helping to boost the productivity of their people and teams. He is the author of Smart Work, published by Wiley.







Effective communication, the key differentiator in a competitive marketplace

Tuesday, August 29, 2017

By Rebecca Nunan, Marketing Communications Specialist, LEAP Legal Software


Client communication is one business area which can highlight your practice’s reputation and presence in the legal industry. Both internal and external communication processes factor into how businesses and law firms can successfully share ideas and information, and in doing so can leverage the efficiency of the entire business. 

Client communication rates as the second highest cause of complaints received by the Office of the Legal Services Commissioner for 2015-2016. According to the OLCS, consumer matters complaints have increased by 7 per cent, with family law now making up 17.8 per cent of all complaints lodged. Conveyancing and corporate matters are ranked in the top six areas of law to receive complaints. Document handling is a common grievance for clients and, not surprisingly, the solicitor is the highest ranked practitioner named in the inquiry line. 

With complaints and client misunderstandings rising, it is not surprising that Lawcover’s annual review notes an increase in the number of insured law practices and solicitors and an increase in reported circumstances. Conveyancing matters attributed to the highest number of claim notifications for 2015.

With this in mind, let’s break apart the communication matrix!

Technology


Technology is an integral part of business operations across all law firms regardless of size or area of expertise. Today’s working offices are adapting and scaling up their technology to reflect the changes in the industry, and the demands of changing governmental processes and legislation. It can be hard to keep up while providing an efficient service to your clients – taking into consideration ongoing operational costs. According to PwC’s 2017 Global Digital IQ® Survey, “the human experience is a critical dimension of Digital IQ; to be successful in the digital economy, organisations must create agile, collaborative cultures that…focus adequately on customer and employee experiences”. The results highlight the desire for Australian businesses to improve customer service.

Information sharing is one segment of communication which is crucial to efficient matter management, and unfortunately this area is often the largest contributor to client dissatisfaction. Some causes for failing in clear communication processes are:

  • Large volumes of documentation which is delivered and retrieved from information systems and clients and not organised efficiently
  • Duplicate records for clients or matters which result in errors
  • Inefficient document sharing via email where documents are not secure, not attached, are excessively large, or get delivered to spam folders
  • Previous versions of documents are inadvertently shared.

The result is clients who continually call you to clarify next steps, and how you intend to assist in the process. Before we consider how to improve this situation, let’s delve into the everyday working of a matter.

Process-driven communication


Streamlined processes with supporting IT systems make all the difference to the efficiency of client work. Paperless or paper-light offices are becoming the norm for many law firms and some government departments, and sharing this concept with your clients is an important part of the step.

The first step a lawyer may take is to open an initiation template and draft the accompanying email, and then what follows is a streamlined cadence of emails, documents, telephone calls and invoices.

Online services and automation are revolutionising the way in which law firms operate; from matter management through to customer service surveys and protocols. The amount of data generated by lawyers is growing; consider all the completed forms, file notes, precedents, court rulings, emails and documents.

With the volume of data being collected increasing, failing to engage in process-driven communication can result in costly errors, such as incorrect documents stored, shared or emailed to the client.

Even for law firms who have established systems in place, there can be disharmony in the business when client communication break downs.

Communication and technology in harmony


Law firms can build trust with their clients by partnering with them to provide a superior service in addition to providing legal knowledge and advice. Providing superior service encapsulates a 360-degree viewpoint of client care; from legal knowledge, consultation, obtaining client data, priorities of the matter, exceptions, schedules, filing, outcomes and billing. These access points are crucial to providing superior client service - with technology spaning across these points, lawyers can be in control and be more active in processing a matter, not just responding to roadblocks.

Effective communication and competitive edge in one practice management platform


A centralised system that hosts your matter details and information in one, single location, with precedent automation and the ability to seamlessly save correspondence, is essential. The system should update matter cards immediately and the two-way sharing of data should be accessible from mobile devices. This will in turn enable you and your fee earners to respond to client queries expediently in real time.

In a competitive market where law firms now actively seek out clients, it is essential to be recognised as a leading firm that adopts cutting edge technology. Firms who differentiate by providing exceptional client service through effective communication will benefit from long-standing business relationships and increased profitability.


Editor's Note

2017 ALPMA SummitLEAP Legal Software are proud to be the Digital Partner for the 2017 ALPMA Summit, held from 13-15 September at the Brisbane Convention and Exhibition Centre. This year’s Summit focuses on developing the key 21st century skills of collaboration, communication, critical-thinking and creativity at law firms. Join more than 300 law firm leaders and managers for an action-packed three days of professional development, networking and fun. Register now!

About our Guest Blogger


Rebecca NunanRebecca Nunan is a marketing communications specialist at LEAP Legal Software in Sydney.

Rebecca is a marketing executive with more than seven years’ experience working in the legal industry. Her experience working for local and international law firms has provided insights into best practices for running a successful firm – with a competitive approach to delivering exceptional client service. 






The importance of being curious!

Tuesday, August 22, 2017

By Matthew Hollings, Senior Business Development Manager, Law In Order


For all the hype around increased technology adoption within the legal industry, it is still incredibly common to find the more traditionalist approaches still being applied to even the simplest of legal functions. Review of email data, or .pst files, being one of the more typical examples we see at Law In Order.

However, I always look to remind myself that going back a few years, to my time as a practising lawyer, I too was none the wiser as to the alternative ways I could potentially approach and undertake some of the legal tasks I carried out day to day, such as the review of emails. The standard (manual) approach; of printing, ordering, reviewing, flagging, indexing and then producing a volume(s) of relevant documents, was the one that, despite its inefficiencies, was still widely considered as effective, and certainly the agreed approach. And because that approach didn’t make the task practicably impossible, there was no incentive to change.

But there is one thing that my time in the legal technology industry has taught me and that is to question everything, preferably well before the platform burns below you. We are currently in a golden age of technology, and one which is having significant impact on the legal industry. Those who begin to be, and remain curious are those who will stand to benefit from the adoption of technology, and ultimately stay ahead of the game.

I certainly regret not questioning more as a lawyer; had I maintained the same curious outlook I had as a student, I may have discovered that our approach to things like email review, could have been completely transformed, automated and accelerated.

Having had many conversations with lawyers and legal professionals, at varying levels, and from various areas of practice, I know that remaining curious is sometimes difficult to do given all the other pressures you face on a daily basis. However, at Law In Order, we see first-hand how those that are committed to gaining a better understanding of available technology tend to be seeing tremendous benefits in their day to day work. Those benefits can stem from something as simple as the email review acceleration, through to more advanced solutions such as process automation and machine learning.

So as a lawyer, or someone working within or related to law (whether that be in private practice, in-house or government), make it your responsibility to drive technology exploration and adoption in your day to day work, in your practice group and in your firm – stay curious!

Editor's Note

Law in Order are the proud Pre-Summit Workshop Partner for "Personal Productivity in the 21st Century Workplace" by Dermot Crowley on Wednesday 13 September at Brisbane Convention and Exhibition Centre. This highly practical and inspiring session will help participants to create a productivity system that will boost their productivity and leverage their technology. You do not have to be attending ALPMA Summit 2017 to attend this workshop. The workshop costs $395 for ALPMA members or $495 for eligible non-members. Places for these workshops are strictly limited so register now! 

About our Guest Blogger


Matthew HollingsMatthew Hollings is a Senior Business Development Manager at Law In Order. Law In Order is an international legal solutions provider who specialize in legal document production, managed discovery services and eCourt/eTrial technology.
Matt joined Law In Order following his experience as a lawyer in the litigation team of a national law firm and one of Australia’s leading financial institutions. At Law In Order, Matt is tasked with driving change within the legal teams of private practice firms, government agencies and corporates. By using his prior experience as a lawyer he aims to educate the modern legal professional about alternative technological workflows available to them that look to solve the daily challenges posed by an increasingly complex legal landscape.



Innovate – learning to fail fast is the key to leveraging disruption in the legal profession

Tuesday, August 15, 2017

By Neil Shewan, Managing Director, Adelphi Digital


As a lawyer, you must get things right – the first time. Fail, and your career can be on the line. De-programming this thinking is critical for modern legal firms to navigate the disruption that is happening in service delivery. Legal firms are being challenged by changing business models, expectations of the millennial legal workforce, changing client service buying habits, and new technologies like block-chain and machine learning.

Innovation is about failing again and again (quickly) until you find a way to make it work. At most legal firms’ failure doesn’t go down very well. Failure is met with poor performance reviews, frowns, grumbles, and sometimes even job loss. Yet this is what we know from many scientific studies that have looked at how to create a culture for innovation: Encouraging risk taking (and therefore being comfortable with failure) is one of the top five most important cultural factors that needs to be present if you want to be a highly innovative organisation.

When I ran a workshop recently with a successful Melbourne legal firm it was critical to remove the fear of failure before their innovation team could hope to start experimenting with change, and learning from the outcomes.

At the workshop I was asked by one of the senior managers how “accountability” fits with the need to take risks. I am not a huge fan of the word accountability as it has negative connotations. I prefer the word “responsibility” - much more empowering. And from an innovation perspective, it is far more responsible to fail quickly and cheaply than to waste hundreds and thousands of dollars and months writing business cases that stack up on paper (have you ever seen one that doesn't?) but go on to produce a mammoth failure.

So, how do you put in place the foundations for innovation?

1. Accept that failure is mandatory if you want to be serious about innovation. No successful innovation in this world got there without having a bunch of failures along the road to success. I suggest you start with the Lean Start-up Methodology. The method is to create quick and low cost prototypes of your ideas that you can quickly learn from. If they fail, you adjust course and roll the learnings into the next iteration of the idea.

2. Get client/user input early. Once you have a prototype for an idea, bring in your clients and talk them through it. Get feedback on what works and what can be improved. Learn from it. Don’t feel like you need a fully featured “thing” at the outset. The first version of your next service/product/process should be just enough to get the idea across (we call it a “Minimal Viable Product” – MVP). The MVP should be low cost to produce, so that you can start over if you need to change direction.

3. Be ready to clear the way for your innovation team. The innovation team in your practice is likely to face a lot of roadblocks from the broader organisation. There will be resistance to change, people feeling threatened about their jobs and those happy to give you 99 reasons why it will fail or to tell you “we have done that before and it didn’t work”. Often businesses create a “skunk-works” where their team has space to experiment and learn, sheltered from legacy thinking within the business.

Editor's Note


Want to know more about how to develop a culture of innovation in your legal practice? Neil is presenting a Pre-Summit Workshop, "Building an Innovation Framework in Law Firms" on Wednesday 13 September at the Brisbane Convention and Exhibition Centre. This highly interactive workshop will help you explore and develop the skills you need to lead innovation in your practice. You do not have to be attending ALPMA Summit 2017 to attend this workshop. The workshop costs $395 for ALPMA members or $495 for eligible non-members. Places for these workshops are strictly limited so register now!  We would also like to welcome our Pre ALPMA Summit Workshop Partner GlobalX.


About our Guest Blogger


Neil ShewanNeil Shewan is the Managing Director of Adelphi Digital’s Melbourne office. Adelphi has won over 80 industry awards in the area of digital business consultancy. Neil is head of user experience globally, working with a broad range of clients to innovate their business. Neil’s twenty years of background in customer and user experience, along with service design thinking – allows him to bring design, technology and business strategy together to create future ready businesses. Current and past clients include Sladen Legal, Victorian Government (Including the Victorian Department of Justice and Regulation), BHP Billiton, General Motors Holden and the Melbourne Cricket Ground. Neil works closely with businesses to identify and implement innovations that will not only help them survive the change around them – but more importantly provide true competitive advantage so they can thrive.




Cyber Security Awareness

Tuesday, August 08, 2017

By Ray Zwiefelhofer, President, Worldox 


You do not have to look far to read or hear of a major cybersecurity breach. It is becoming part of the constant information stream we receive. Because of this, it’s easy to desensitise and see this as IT’s problem. However, we all have a hand in preventing cyber security breaches and we all need to understand what we can do to help in this effort.

In late 2015 my colleagues and I were amused with the news that the US government’s Office of Personnel Management (OPM) was hacked, and that the hackers stole records for 22 million people. We discussed this casually without too much thought and concern – just another hack. A few days later I received a call from my son, who had recently graduated college and started a job. His mother and I had been references for his background check for the job and he was calling to let us know that all of our information was compromised in this latest OPM hack! Instantly my casual observation of “another hack” became really personal, really quickly.

Like my personal experience, your firm is probably feeling more pressure as increasingly major law firms are being hacked. The FBI calls law firms ‘soft targets’ – easier to gain access to than large corporations - and they often store their clients’ valuable information.

Who is the hacker?


When we think of a hacker, we assume we are dealing with a bad guy somewhere who is intent on gaining access to our valuable information. While this is correct, it gets a bit more confusing when we talk about the accomplices in this breach. A hacker can only get into your secure network through some type of vulnerability. Contrary to popular belief, internal staff members assist in most hacks. This, of course, is mostly unintentional. 

Rather than expending countless resources on mass attacks against your network which, through proper IT practices, can be mitigated, hackers send innocuous-looking emails to your employees which are often harbouring links that install nefarious software on your network. If your organisation has poor password policies, the hacker gains entrance to your sensitive data with little fanfare, and probably will not be noticed by expensive back end monitoring software, until it’s too late.

All of us from the administrator to the end user, partner, and IT need to be actively involved in protecting the firm’s intellectual property. A user’s password written down on a sticky note taped to their monitor bypasses even the best security.

Convenience vs. Security


Even the best security products on the market can be rendered worthless if they are so complicated to use that users circumvent it – the concept of “Shadow IT.” Security measures must mitigate risk but yet also be straight-forward enough to understand that people can seamlessly include them in their workflow.


A password policy is a good example of this principle.  In the past, guidelines set by US governing bodies such as National Institute of Standards and Technology (NIST), have specified how a firm should handle passwords. It was important to follow these guidelines, as the firm’s clients often inquire how the firm handles certain policies. Clients want to have a comfort level with the firms they do business with and ensure their security practices are sufficient. 

Passwords guidelines found acceptable involved password length, complexity, and frequency changes. We all know from personal experience the hassle associated coming up with yet another password that has special characters, has not been used before, of a certain length - that has to then be changed every couple of months. This issue is near to my heart, as we have many of these rules in house because of the nature of our business. 

Very recently our IT manager explained to me that we need to shorten the timeframe of required password changes for all employees. I  nearly lost my mind as we currently change every six months with all of the complexity requirements recommended!  My answer to him was that, if we adopted this approach, many of our day to day staff would not be able to memorise their passwords and would be forced into bad practices such as writing them down, etc. 

I challenged him to find an easier way to protect us that would be just as secure. I remembered our cloud support team utilised dual factor authentication along with their passwords to provide an added layer of security for that department.  I suggested we do the same for everyone in our office including the day to day office workers. After a little research, we found a solution that was only a few dollars a month per employee and sent a code to their cell phone. This is really a better practice than complex passwords alone as, not only does a hacker need your employee’s password, but they would also need their phone and password for that. 

In summary, we minimised the need for constant and overly complex password changes with two factor authentication.

The above password issue just seems like common sense, doesn’t it? 

If you force complex frequent password changes, staff will write down their passwords somewhere and cleaning crew or others can easily access them. Although common sense says this is bad, we look at standard groups such as NIST and blindly follow along. A few months after the password interaction with my IT manager, a new guideline was published from NIST that shocked the industry:

“New NIST guidelines banish periodic password changes”


Yes you read that correct, NIST now recommends that we no longer force periodic password changes and we no longer should force complexity requirements. In the appendix in the same section of the document, the strength of “memorised secrets” is explored in a concise and accurate manner. You can read the full guidelines here

While I don’t feel better about being vindicated to my IT Manager by a national standards body, it reemphasises that we live in an ever-changing environment where you need to use practical common sense when implementing security policies and procedures.


Editor's Note

2017 ALPMA SummitRay Zwiefelhofer will be speaking about the "Data Security in the Legal Industry" at the 2017 ALPMA Summit, held from 13-15 September at the Brisbane Convention and Exhibition Centre. This year’s Summit focuses on developing the key 21st century skills of collaboration, communication, critical-thinking and creativity at law firms. Join more than 300 law firm leaders and managers for an action-packed three days of professional development, networking and fun. Register now!


About our Guest Blogger

Ray ZweifelhoferRay Zwiefelhofer has over twenty five years’ product solution experience within the legal technology market with expertise in AMLAW 250 and Fortune 500. He was a President, CEO and CIO at several software solutions startups and the CTO at a Fortune 500 company. Those companies include Bowne, Imagineer, Equitrac and Diebold. Prior to joining World Software, Ray was the Founder and CEO for nQueue, a global cost recovery company.
Founded in 1988, World Software Corporation® is an innovative leader in the Email and Document Management Systems (DMS) category. The company's flagship product Worldox® has an install base of over 6000 companies in 52 countries.


Superannuation A Long Term Engagement

Tuesday, August 01, 2017

By Andrew Proebstl, Chief Executive, legalsuper 

A new report by the Australian Securities and Investments Commission (ASIC) has highlighted the need for more work to be done to increase member engagement with their super funds.

The ASIC “Member Experience of Superannuation” Report (Report 529) released on 30 June is well worth a read as it presents both challenges and opportunities for employers.

You might be thinking: why is a report on the need to increase member engagement with super of interest to employers?

Financial stress is bad for business

For most Australians, their quality of lifestyle in retirement is largely dependent on how much super they have accumulated (along with owning one’s own home).

People with lower super balances are more likely to fear retirement and, over the course of their working life, be subject to increasing levels of financial stress.

Financial stress among staff in the workplace can lead to feelings of hopelessness, anxiety, depression, risk-taking, illness, absenteeism, reduced productivity, poor decision-making and more.

This is concerning not only in terms of the impact such behavior may have on individuals and their families but also in terms of the potentially adverse impact on the business for which they work.

A report released last year by The Centre for Social Impact revealed that 2 million Australians are experiencing a high level of financial stress or vulnerability.

Similarly, the Australian Psychological Society’s series of “Stress and Wellbeing” surveys concluded that financial stress is felt strongly by a “concerning” number of Australians.

In addition, a lack of financial preparedness for retirement can also lead to staff who would otherwise have retired, and who want to retire, feeling they have no other choice but to stay on at work. Employees who find themselves in this situation are often less enthusiastic and productive.

The ASIC “Member Experience of Superannuation” Report maps three stages of the superannuation lifecycle – joining a fund, ongoing membership of a fund and changing or leaving a fund. The balance of this article considers how employees can be encouraged to better engage with their super in each of these three stages.

Joining a fund

An important threshold question for employers here is: why they have chosen their existing default super fund and whether or not it remains the most appropriate fund for their employees?

Usually employers choose a default super fund based on factors such as past performance and competitive fees and charges. How long has it been since you benchmarked the performance of your default fund, its fees and charges and its level of service and support provided to your employees with that of other super funds?

Most employees do not choose their own super fund which means their super will be paid to the default super fund chosen by their employer.

Also, unless members choose otherwise, their super will be invested in the fund’s default investment option, plus they will be provided an automatic level of insurance which may or may not suit their particular financial goals.

Employees can also make decisions about whether or not to make voluntary contributions to their super. Sadly, many people realise too late in their working life that if they had made additional contributions to their super (which are subject to caps) they would have been more likely to have accumulated sufficient savings to fund the retirement lifestyle they want.

In relation to insurance, super fund members have options to take out death, total and permanent disability insurance or income protection insurance, and to do so at different levels of cover.

The appropriate level of insurance for a person will depend on their individual (and family) circumstances. A one-size-fits-all approach is not optimal. Members who do engage with their super and make informed decisions about the appropriate levels of cover will not only benefit from having cover that better meets their needs, they will benefit from the confidence and sense of well-being that flows from knowing they have cover that provides increased peace of mind.

The most important decision members of super funds can – and should – make is how their super is invested.

As the ASIC Moneysmart says: “With super, it's easy to set and forget. But choosing a suitable investment option will have a major impact on how your super performs.”

Members of super funds can typically choose from a number of investment options – for example a Growth, Balanced or Conservative option. The Growth option is likely to aim for higher average returns over the long term whereas a Balanced option aims for reasonable returns, but lower than those of a Growth option, while a Conservative option would typically aim for lower risk and a lower return over the long term.

Typically, younger people, who will not access their super for some years will benefit from a Growth option. As members approach retirement, they may switch to a more conservative option. Of course, the appropriate investment option depends on individual circumstances and the role super plays in an individual’s overall financial planning.

Employers can encourage their staff to take an active interest in and ownership over these important financial decisions by:

  • Asking their super fund to run information sessions for staff and management,
  • Ensuring their super fund has useful and well-presented information on its website including easy to use calculators, and
  • Checking their super fund provides high levels of customer service and support for member inquiries.

ASIC’s report deals at length with the wide variation in the quality of super fund websites (including the reliability of the information contained therein) and the impact this can have on fund members.

Ongoing membership of a fund

One very good time to encourage staff to engage strongly with super arises each year when funds distribute their annual member statement, usually between August and December.

The statement will contain important information including the individual’s super balance; levels of insurance cover; investment option/s selected; and fees paid. Funds will often also indicate how the fund performed against various independent industry rating agencies medians.

At this time of the year, employers seeking to increase their staff’s engagement with super may consider the following types of strategies:

  • posting short notices in the staff newsletter or on the company intranet encouraging people to make the time to read their annual statement and consider contacting their super fund for an annual ‘super checkup’. Your super funds can provide you with suggested wording, and
  • inviting your super fund to conduct a workplace seminar for staff.

Another time of the year that lends itself to encouraging staff to engage not only with their super fund, but their own overall financial planning is when annual staff appraisals are held.

While not all businesses tie staff appraisals to salary reviews, many do and staff who receive a pay increase may be more receptive than at other times of the year to pay additional contributions to super with their increased salary.

Changing or leaving a fund


The factors to be considered, continually reviewed and acted upon, when joining a fund and participating in a fund also apply when changing or leaving a fund.

Is the fund performing well compared to the industry median? Are its fees and charges value for money? Does it provide high quality member service and support?

As well as these areas, the ‘Changing or leaving a fund’ section of the ASIC report covers topics including lost super and the consolidation of super accounts.

According to the Australian Tax Office, as at June 30, 2016, there was more than $14 billion in unclaimed and lost super waiting to be claimed.

The 2016 Westpac Lost Super Report found that almost half (48 per cent) of Australians do not know if they have lost super and more than four in five (83 per cent) are unlikely to do anything to find their lost super.

The Westpac report found that respondents put looking for lost super in the same bucket as smoking or exercise – they know they should do something but they just do not get around to it.

In relation to multiple super accounts, it is still often the case that when people change jobs they join a new super fund and do not close their previous accounts and consolidate them into one account. This proliferation of multiple accounts is one of the key reasons why so much super ends up becoming lost.

As a result of having multiple funds, people typically end up unnecessarily paying fees and charges on multiple accounts. They may also miss out on the full benefit of compounding interest working on a single larger amount of money in one account.

ASIC has provided a very timely reminder to individuals, employers and super funds that more needs to be done to encourage and foster member engagement.

From an employer’s point of view, the business case for doing so is strong.

The business case for super funds being more proactive in this space is equally strong.

Now may be the time to contact your super fund and ask about the types and levels of support they are willing and able to provide to improve overall member engagement with super as part of supporting your staff to better secure their financial future.

As the research shows, employees free of financial (dis) stress are far more likely to be more productive and happy in the workplace.

About our Guest Blogger


Andrew Proebstl

Andrew Proebstl is chief executive of legalsuper, Australia's super fund for the legal community. legalsuper is an ALPMA Australian Corporate Partner.

Qualifying as a Chartered Accountant while working with Arthur Andersen, Andrew has broad experience across the superannuation industry with fund administrators, investment managers, custodians and other superannuation funds.

Andrew is a member of the Policy Committee and former Director of the Australian Institute of Superannuation Trustees. He is also a former member of the Victorian Executive of the Associations of Superannuation Funds of Australia. He regularly presents at superannuation industry conferences and writes regular superannuation columns for law societies across Australia. He can be contacted on ph 03 9602 0101 or via aproebstl@legalsuper.com.au





Sailing the 4C's to Innovation: Communication, collaboration, critical thinking & creativity

Tuesday, July 25, 2017

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By John Ahern, CEO, InfoTrack

As principal partner of the 2017 ALPMA Summit, InfoTrack is proud to be supporting firms to drive innovation in the transforming legal landscape. This year, we’re working with ALPMA to gather insights from the industry on how firms are applying the four key 21st century learning skills: communication, collaboration, creativity and critical thinking. If you haven’t had a chance to complete our survey yet, please participate now.

As a technology company, innovation is central to our culture and processes so we're always thinking of how we can use the 4C's to adapt and evolve. Here are some of the things we focus on that can easily translate to your firm.

Communication


1. Be transparent about your firm’s strategy

When you’re clear about short and long term goals it promotes strategic alignment across your firm. Whether you work with yearly, quarterly or monthly strategies, make sure to start each new cycle with a meeting where you lay your strategy out for everyone in the firm and give the opportunity for discussion and questions. Working towards a common vision creates a cohesive and determined team. Track progress of your goals on any online collaboration platforms or even on your office wall to remind everyone of what you’re working toward.

2. Learn how to adapt your communication style

Take the time to understand your colleagues and how to best communicate with them. Different working styles respond better to different types of communication. Often, the younger generation prefers constant updates and feedback because they’ve grown up with instant messaging and social media. Some people work better with detailed instructions whereas others just want to know the end-goal. Being aware of your colleagues’ communication styles and how they work best creates better working relationships and increase productivity.

Collaboration


1. Promote knowledge sharing

Don’t let people hold back knowledge out of fear of succession-planning themselves out of a job. Make sure your employees understand that the more they help each other, the further they’ll get as a team and individuals. The more you share, the more you learn; especially in a digital world where change is constant.

2. Encourage mentorship

This goes both ways; senior staff can help the younger generation by providing guidance and imparting knowledge. Junior staff can help introduce new ideas and new technology to the firm. Take advantage of the diversity that different mindsets and backgrounds bring to your firm by encouraging reciprocal mentoring.

Creativity


1. Set aside specific time for brainstorming

In today’s society, we’re all time-poor and that goes even further in the legal industry. You’ll never have time for blue-sky thinking if you don’t make a conscious effort to block it out in your calendar. It’s easy to get caught up in the daily grind and your never-ending to do lists, but you’ll never evolve if you’re stuck with your head in the books 24/7. Today’s market is more competitive than ever and you need to adapt in order to keep a competitive edge.

2. Have a dedicated innovation budget

Everyone says they’re working on innovation, but there’s rarely follow through to show for it. Have an actual plan around innovation and invest in it – whether that’s an innovation team, quarterly innovation days, training or something else – make sure it’s part of your strategy.

Critical thinking


1. Use time-saving technology

There are a lot of technologies available to you now that cut down on the time you need to spend on administrative tasks and sifting through data. Take advantage of these so that you have more time to work on critical analysis and profit-generating activities.

2. Be open to new ways of working

Recognise that disruption is now a constant in the legal industry; new technology, new business models and a new generation are constantly shifting the way things are done. Learning to embrace some of that change and take it on in a way that works for your firm is critical to continued success. You don’t have to change everything all at once, but take time to consider which new concepts and processes will benefit your firm most and trial them out.

The above advice applies to all businesses – no matter your firm size or area of law - these are simple initiatives you can put in place today to drive innovation and build upon the 4C’s.

We look forward to seeing you at the 2017 ALPLMA Summit in Brisbane.


Editor's Note

The ALPMA/InfoTrack 2017 Research: 21st Thinking at Australasian Law Firms is available for participation by Australasian law firms until Friday 28 July.  Complete the survey by Friday 28 July to go into the draw to win a delegate pass to the 2017 ALPMA Summit, from 13 - 15 September at the Brisbane Convention and Exhibition Centre. Please note, you must be eligible to join ALPMA to win the pass and the prize does not include travel or accommodation.

The results will be presented at the 2017 ALPMA Summit.  Participants who complete the survey will receive a complimentary copy of the research report, which sheds light on collaboration, communication, critical-thinking and creativity at law firms.

About our Guest Blogger


John AhernJohn Ahern is CEO of InfoTrack, proud principal partner of the 2017 ALPMA Summit.

John joined InfoTrack in 2015 as the Chief Technology Officer taking charge for establishing the company’s technical vision and leading on all aspects of InfoTrack’s technology development. John was appointed to the role of Chief Executive Officer in May of 2015 where he is now responsible for maintaining the extensive growth of InfoTrack in the Australian market.

John has over 20 years' experience in the Information Sector, having worked in a number of engineering, sales and executive positions. With a strong technical background, he has vast experience in designing and developing products and has delivered platforms from inception to production.

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