The quarterly publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/96072
quickly as possible, so lawyers can get to work. IT will repurpose client information collected during the conflicts analysis phase to implement information barriers and manage information access controls across firm systems. Key functionalities to consider for NBI technology include: • User-friendly forms requiring minimal input from lawyers or their assistants • Delegation of tasks and streamlined workflows between analysts and approvers • An audit trail to document the process in the event of a problem or client request • Flexibility to modify workflows or forms to match changes in practice groups or matters • Confirmation that risk analyses are thorough and complete • A one-stop method to populate data across firm systems • Verification that all boxes are checked before a lawyer begins work How NBI Challenges Legal IT Because it involves lawyers, managing partners, finance, risk management and IT, NBI is a nexus between firm departments. In theory, therefore, it is a powerful tool to align firmwide activity to support overall business strategy. In practice, it often ends up revealing competing interests that can frustrate teams and hamper efficiency. For lawyers and operations personnel, the primary NBI challenges are accuracy and efficiency. Lawyers simply want to begin work and start billing hours. Forced to fill out tedious NBI forms time and again, they often develop shortcuts that compromise data quality. If the process is manual, operations teams have to spend time importing data across firm systems. This also invites opportunities for duplication and error. For risk stakeholders, the primary NBI challenge is accountability. Analysts and approvers must make sense of large amounts of information to judge whether it is ethical and strategic to take on a new client and/or matter. Unfortunately, analysts often process reports without having insight into why the information they provide is relevant for firm strategy. Risk leaders and managing partners struggle to make accurate decisions within the time constraints required to keep business moving. For IT, the primary NBI challenge is to find a strategic and thoughtful way to untie the Gordian knot, i.e., reconcile the competing interests of accuracy, efficiency and accountability coming from the different departments. 58 Peer to Peer Before investing time or money in technology to improve NBI, IT should take the time to consider what functionalities an intake solution should include to best reconcile the competing demands at stake and develop an internal NBI strategy that will support the firm's overall strategy. In other words, IT must organize the process in such a way that the data collected at each step can become actionable insight for risk stakeholders and managing partners. Technology To Automate NBI Available NBI software falls into three categories: • Enterprise business process management (BPM) software • Build-to-order software • In-house solutions Vendors developed commercial BPM software to help large enterprises manage complex workflows. Engineers trained to work with the software can design routing rules that order tasks, assign approvals and orient access to information at any stage in a business process. The platforms provide activity reports for auditing purposes and even model processes so IT can test workflows and re-engineer them toward optimization. The problem is that the software is intended for large enterprises (like Fortune 500 companies), not for law firms. The software is supposed to be selfservice, but it's so complex that firms either have to pay third-party programmers to design and modify workflows or pay for training for their own staff. Data integration using BPM platforms also entails technical challenges that often require third-party assistance. Costs accumulate, and it's close to impossible to modify workflows on the fly to match practice group or matter changes. Build-to-order software is provided by consulting-focused vendors. Consultants work with individual firms to develop a workflow tailored to their unique processes. Unlike BPM platforms, these solutions are specific to NBI; vendors come equipped with expertise and often provide NBI-specific templates to make implementation faster. Ironically, consulting solutions pose similar problems to BPM platforms. This is because firms must reconnect with vendors and pay additional service fees any time they wish to modify NBI processes. Firms end up depending on a third party to manage workflows, making it hard for systems to keep pace with firm growth. Naturally, in-house solutions provide legal IT the flexibility and control lacking in the vendor options. If IT staff design and build the solution, they certainly have the power to change it. Unfortunately, in-house solutions are often missing the data integration component that is so crucial for streamlining operations and promoting firm strategy. In-house developers, moreover, must often focus their energy on other firm projects, making it difficult to re-engineer the process strategically. Available software options take steps toward solving NBI challenges but lack the flexibility, functionality and expertise IT needs