LeftFoot - Fresh Conversations on the Business of Law

This month the LeftFoot Podcast features Michele DeStefano; her recent book Legal Upheaval provides the backdrop for a conversation focused on innovation in today’s legal environment. Through her work and research for her book, Michele confirmed that clients are looking for a new type of collaborative service disguised in their request for innovation. Along with lawyers that know their practice area, can guide and have a point of view; using business language to convey it; clients want lawyers that express the behaviors of innovators – asking different questions, listening and applying a different approach to problem finding and problem resolution. Let’s look at an example.  A bank was struggling to show they had complied with a consumer-facing compliance request.  In this circumstance, an advisor would typically help the bank show and communicate that they’re in compliance.  The alternative response included talking with and hearing from consumers.  This bank didn’t have a compliance problem, they had a communication issue, once contacted the consumers noted that they didn’t understand the process employed. The result was education for consumers – and proof of compliance for the bank. Recognizing the disconnect between what customers ask for and what lawyers deliver; this is an example of the culture change occurring within in-house legal and firms. They’re working jointly, investing in partnerships, and sharing risks to advance the industry. Michele DeStefano is a lawyer, professor at the University of Miami, and guest faculty at Harvard Law School’s Executive Education program.  In her book Legal Upheaval, she provides evidence that collaborative innovation is the new value equation in law.

Capitalizing on Incremental Improvements   On Episode 121 we talk with LexisNexis, VP and Chief Product Officer, Jeff Pfeifer.  Jeff is responsible for product strategy having established his organization as a leader in legal analytics and data-driven law. Jeff begins our discussion by noting that access to big data and incremental tech development is resolving legacy problems within the legal industry.  That in-house counsel is increasingly forward-thinking, using data to inform their responses, and looking to firms to use data in their recommendations.  This data is validating a path forward and supporting what is likely to happen. An additional challenge brought on by the proliferation of data is the need for a different skill set to access the data and make data-based recommendations.  Helping organizations be change ready is where the opportunity lies. There’s a real need to build in-house teams in support of these initiatives including identifying team members who are not intimidated by tech and the advantages it brings. There was agreement that both firms and in-house departments are in the early days of this new data, process and technology driven model.  Examples exist where workflows are undergoing reconstruction, and engagement of outside counsel is being radically modified.   An opportunity exists to break down and understand processes so that we can rebuild and better align with today’s environment. This is less big bang and more incremental process improvement. It’s about 100s or 1000s of small improvements applied over time.   The time has come to stretch out in innovation labs, to take a serious look at iterative thinking, and failing faster within legal.

Diversity Embraced It’s 2019 and the Diversity Lab remains front and center in the conversation on Law Firm and In-house Legal department diversity.  Late last summer we sat down with On-Ramp Fellowship Managing Director, Jennifer Winslow and the Mansfield Rule initiative leader, Director, Lisa Kirby.  The Mansfield rule supports the diversification of law firm leadership, and the OnRamp Fellowship is the largest re-entry platform for female lawyers and other professionals. An outcome of Diversity Lab’s 2016, Women in Law Hackathon, the Mansfield Rule has been moving the needle increasing awareness around diverse candidates for leadership and the transparency on who should be considered for leadership.  For Mansfield Rule 2.0 the program has expanded to include LGBTQ+ leadership candidates as well as measurement of inclusion and engagement in formal pitches.  The program which initially launched in 2017 with 44 firms, today has 65 firms participating in Mansfield 2.0.    Today, clients are looking for and confirming that they are benefiting from the value of diverse teams/diversity of thought. The OnRamp Fellowship program started in 2014to alleviate concerns specific to work breaks and provide access to experienced lawyers looking for opportunities.   Ever since the OnRamp programming has been replenishing leadership pipelines with experienced lawyers alleviating concerns specific to work breaks; while providing access to experienced lawyers looking for opportunities.  Those applying for the program are typically unemployed or underemployed doing part-time or contract work.  Most are empty nesters with their eyes wide open.   Challenges include technology – whether you’ve been out 2 years or 20 the technology has changed.   The positives include resilience and problem-solving skills that only come through experience. Looking back measurement and accountability was a missing element in many diversity programs.  By bringing challenges front and center the Diversity Lab has prevented programs from fading or ‘fizzling out’.  Today, information sharing; data; and accountability remain a significant part of the Diversity Lab’s success.

Enabling Collaboration Through Tools On episode 119 we talk with Mo Zain Ajaz, the 2018 Legal 500 Individual of the Year for Legal Operations.    Mo is accountable for operational excellence across National Grid’s Global Legal Function. Having understood what is important to its business (including a 25% efficiency goal), the legal operations team at National Grid helped build a 3-year strategic program. They started by gaining visibility to their external spends. The introduction of an e-billing system and a new panel of outside counsel provided an opportunity for improved scoping of work, matter budgeting and stronger alignment with firms.  To manage risk and drive efficiency, National Grid prioritizes and right sources legal work; matter profile and risk thresholds underpin decisions specifically what should be done in-house and what should be outsourced with the goal being to drive value and reduce cost without increasing risk. With the addition of data and standards for outside engagement, the next step involved enabling change using lean and design thinking models including legal project management data-driven decisions, visual management; real time information. Through these models including the Hines Model for change National Grid ensured that their strategic road map remained on track.  The Hines model highlights the key conditions required for effective change and more importantly the consequences when a key condition is missing. This and other lean models can be used to take an audience from current state to future state.  A lean tool that National Grid uses for stakeholder engagement is 3C.   Using 3C stakeholders are asked: What are your concerns with the current way of doing things? What is the cause of these concerns? What would be the counter-measure to this concern? The project sponsor using 3C model puts counter-measures in place to address the concerns and create greater solution ownership from stakeholders.   Creating the conditions for change and collaboration with law firms is the role of in-house teams.   National Grid holds quarterly Operational Excellence Workshops with their firms to address relationship or process concerns through collaborative design thinking workshops.  The internal team and a panel of outside counsel work to resolve issues by problems solving, sharing best practice and building a plan of deliverables for the next quarter. Topics addressed at these workshops include a technology audit of the law firms National Grid uses to optimize the use of technology on National Grid matters and decision trees to right source work.  The next frontier for National Grid is obligations tracking within a contract lifecycle.  Data suggestions a 10% savings on procurement spend when post-negotiation obligations are well managed.  Working with a broad team of stakeholders in the industry they are looking to partner and take on this challenge.  That’s what legal operations and executing change is about solving big hairy problems with your partners in the ecosystem. Mo Zain Ajaz is the Global Head of Legal Operational Excellence at National Grid.  He has responsibility for legal function strategy, operations, embedding performance excellence, technology, as well as panel firm appointment and delivery. Mo is also engaged in a not for profit program called LExOpenSource.com, which is a platform where a number of other legal...

Move Beyond Being Risk-Averse As part of our Executing Change series, focusing on in-house legal award winners and the changes they’ve implemented within their departments, we welcome back Alan Bryan, Wal-Mart’s Senior Associate General Counsel.  Alan was also a guest on LeftFoot Episode 68. Walmart had an opportunity to change; to centralize, to change firm engagement, and increase legal dollar spend value through leverage – and it worked.  Walmart saw immediate value through the implementation of uniform engagement letters with uniform terms and rates; eliminating tens of thousands of agreements including agreements with different terms and rates with the same firm. Uniform engagement letters set the stage for what was next.  In a legal department where the majority of matters are litigation; Walmart turned to data; matter-by-matter RFPs and reverse auctions to create fixed fee and phased fee proposals.  Dashboards and access to data remain critical parts of the program today, a process that began with data cleanup and the assembly of an analytics team to manage the data and data access. From the outset, the Walmart Legal operations team had buy-in from the top and executed a detailed communication program with intended outcomes of the changes they were implementing.  Communicating the plan for change and ultimately the impact the programs were having they were surprised by the acceptance and willingness of their outside partners to assist. Becoming more predictive with data, including data from their stores is part of Walmart’s future; specifically the use of artificial intelligence in e-discovery and reporting at the outset of a matter; to save time and money. We concluded our Executing Change discussion with Alan’s advice to legal professionals on change; move beyond being risk-averse; change your mindset specific to change; be creative, innovative; think strategically, holistically.  Today’s legal world is changing, and change is a necessity. Alan Bryan, Wal-Mart’s Sr. Associate General Counsel, transitioned from law firm partnership to in-house counsel managing litigation for the world’s largest retailer.  Today, his office oversees his company’s relationships with all outside counsel measuring performance and cost with a focus on data and the use of time-saving technology.  The recipient of an ACC Legal Operations Professional of the Year Award; a 2018 Buying Legal Council Award winner for Process Improvement in corporate procurement; Alan recently accepted one of the 2018 ACC Value Champion Awards for Legal Operations on behalf of his team.

We chat with Matt Galvin of Anheuser-Busch   Over the last three years, Matt Galvin has executed change and embraced the use of data in decision making as the Global Vice President for Ethics and Compliance at Anheuser-Busch InBev.  Following a significant global acquisition, Matt talks with us about both the volume of compliance matters and the risk factors associated with the newly combined organization. To fulfill their compliance mission, Matt and his team created a living-breathing model to access risk quickly and educate the business about future risk.  Focusing on the data associated with potential compliance risk and the risk of the relationships present as the most efficient way to deal with the hundreds of millions of transactions of the combined organization. Their initiative started with a pilot where they looked at data in terms of sets and systems and determined where the data sets were that represented the most risk.  They would then focus in and filter up and down in search of other risk factors.   Pleased with this approach they quickly determined that training someone to do this could take months and would require an audit layer and additional oversight.  To address this concern they took the project a step further creating 12 workflows and visuals to attach the model to different systems and situations. Now armed with data and responding with full transparency to the business, a project that started as a compliance project is now a transparency project.   By risk scoring– every transaction, every vendor, every investigation – the business is taking notice where compliance risk is being identified.  Access to this information has also allowed for faster decision making.  Risk profiles are used to investigate related issues more thoroughly. In evaluating compliance matters, lawyers typically look at the same facts over and over in the abstract.  By accessing multiple data sets, pulling the data from different data sources to build a compliance model, AB-InBev is relying on the truth of the data present.  Creating a compliance model based on real data versus the abstract the data sets and systems will get smarter as will our teams. Matt Galvin, Global Vice President for Ethics and Compliance at Anheuser-Busch InBev, is skilled in Corporate Social Responsibility, Economic Sanctions, Anti-corruption, Dispute Resolution, and Big Data Analytics.

Creating an In-house Legal Department of Value Cameron Findlay is the SVP General Counsel and Secretary at Archer Daniels Midland (ADM), the largest food processor in the world.  The legal department Cam leads has been recognized as one of ‘Corporate Counsel’s 2018 Best’ for executing change; notably firm convergence, upgraded matter management and insourcing. Wanting the legal department to be a value center for ADM, Cam and his team set out to preserve and affect value where they could.   At the outset current spend and therefore savings goals weren’t clear, but ADM knew they needed to spend less and put better controls in place. Their efforts were less about innovation and more about executing change, applying ideas that had been used elsewhere. When they looked at spend, a key factor was a total spend of which 85% was being spent on outside firms, and 15% was being spent on in-house work.  The iceberg effect was in full force, ADM’s time and effort were being spent managing the 15% above the surface with little time and effort focused on the 85%, below the surface.    By seeing and focusing on the 85% they were able to implement change and achieve real savings. Educating and changing the mindset that a small in-house staff does not equate to lower legal spend; Cam and his team educated their colleagues on a more effective process, showing business leaders that a larger in-house team would create savings.  While the naming of panel firms is a suggestion, not a limitation, and that 100% compliance to matter management is a challenge a hurdle that pays off.  Technology is a great enabler to practicing higher value law, focusing on matters that matter and having the data to better manage matters and matter cost.  We can’t underestimate the impact of technology on the legal profession. Outside counsel guidelines, agreeing to a specific rate structure, and concentrating work with a smaller group of firms in exchange for a value agreement is a culture change.  Budget certainty for in-house teams and volume-based incentives for firms requires communication and culture; as a profession, the legal industry needs to do a better job up front as to what ‘work’ will cost.  Firms add value when they proactively present cost saving and fee arrangement ideas, getting in front of alternatives; that proactive management matters. Cam commented on the rise of activism putting pressure on companies to change the agreements they have with law firms; that every organization will have to do more with less. Today there is an opportunity to disaggregate the legal process to a variety of resources – contract lawyers, non-lawyer professionals, and that opportunity exists to utilize alternative providers. Cam and others are asking firms to understand the spirit in which they are entering into agreements and to come up with innovative ways to provide great legal service at a lower cost. Cameron Findlay has been the General Counsel for three important organizations after a career in private practice and government – which included time as a law clerk for Justice Scalia.  Cameron Findlay Bio

Adjectives that Describe You, Like You Describe You Today’s guest a deep understanding of nonverbal communication and the perception of leadership presence. She’s worked extensively with lawyers and legal professionals, as they look to project the image of how they’d like to be perceived while remaining authentic. Today’s guest Cara Hale Alter has a deep understanding of nonverbal communication and the perception of leadership presence. She’s worked extensively with lawyers and legal professionals, as they look to project the image of how they’d like to be perceived while remaining authentic. Behaviors can lead to very predictable responses from others and lead others to your preferred assessment.   For lawyers and legal professionals, the behaviors that convey strength and leadership include strong posture, a strong voice with optimal volume, and eye contact.  Similar to other professionals, lawyers are often plagued with verbal fillers ‘umm, yes, and like’, and upward inflection ‘valley girl style’ at the end of a sentence. While fillers can be easily replaced with pausing, coming to a complete stop at the end of a sentence; most people are uncomfortable with it.  Adults who came of age before or during the 80s, cascade down at the end of their sentences.   Others can credit “valley girls” with the lightweight style of upward inflection at the end of a sentence.  Removing upward inflection will go a long way in improving presence and credibility. Do you keep your head still while your talking?  This alone is a very high-status behavior.  How about volume calibration issues?  If you get feedback that you need to speak up, doing so will increase your influence.   You can improve your physical presence by pointing your nose at the person your speaking with, and for video and video conferencing have your chin on the level with the camera not raised or down, and strong lighting will put your image in the best light. Cara Hale Alter is the founder and president of SpeechSkills.  She is a sought after trainer and speaker working with a wide range of organizations including Facebook, Google, Caterpillar and numerous AM100 law firms including DLA Piper, Morgan Lewis, and White and Case.  She was a main session speaker at the 2018 CLOC Symposium.

Technology Investment Pressure Will Continue EVP, General Counsel and Secretary of DXC Technology, Bill Deckelman is one of the most innovative General Counsels in the market today, we’re excited to feature him as our first GC in our Executing Change Series. Bill Deckelman had a clear understanding of both the mission and execution that lead to the well-publicized rebadging of 225 of DXCs 525 lawyers.  Redundancy brought on by the merger that created DXC and the need to reduce legal spend sent Bill and his team searching for a solution that also met long-term goals of improving speed to market and compiling data to improve performance. Once outlined there were many compelling reasons for DXC and the individuals directly affected to embrace the impending change. The legal industry and business are changing and the rebadged team saw this as an opportunity to work for an organization continually investing in technology and the discipline to be process driven; while DXC saw the value of accessing people operating within cutting-edge practices. Essential for Bill was the immediate support of the DXC CEO; noting a definite turning point when the concept clicked with the leadership team.  Over time, as the communication around the benefits became clear; support for the change continued to grow. Bill sees the digital transformation as the driving force behind change in business and in legal, that technology will enable work, but people need to open their minds to new ways of doing things.  While technology can be implemented quickly; preparing people and changing an organizational culture takes time.   DXC is moving the needle on value; promoting the need to be efficient while exercising professional judgment when it comes to risk.

Newsjacking With Style Out of the gate, our conversation with Mitch Jackson focused on the use of social media to enhance human-to-human behavior.  Connecting with 100s if not 1000s of people to create relationships and move your referral base beyond local to global.  We’re all in media publishing, and how you use social media makes a difference. The market is moving fast to video and storytelling, and today’s news is the most relevant to the social media viewer.  Newsjackingallows you to capitalize on breaking news by sharing comments and offering a unique perspective or fact.  Mitch’s strategy is 70% listening, providing tips and giving back to the community; and 30% creating and publishing content that helps others solve problems and make improvements. A few tips? Social media content lives into the future but doesn’t have to be perfect. Be engaging, humanize your brand, and find the unique intersection of timing, trust, and need.  Last point? When you combine social media and traditional marketing – magic will happen. Jackson and Wilson name partner and blogger Mitch Jackson helps good attorney’s become, great lawyers.  He uses his experience practicing law and building businesses; along with his knowledge of technology and social media to help others become better communicators and resolve legal challenges.  Mitch Jackson Bio

And the Tools we Use Each Day  In Episode 112 we talk with Ivy Grey, lawyer, Legal Tech Designer and Legal Tech author. For Ivy, the transition from lawyer to legal tech designer wasn’t difficult; growing up in Silicon Valley she naturally uses technology for efficiency.    Similarly, she’s embraced writing about technology with the goal of making the duty of technology competence accessible to all lawyers by focusing on the technology lawyers use every day; tools like Microsoft Word and the Microsoft suite of products.   Implementing legal technology shouldn’t be total upheaval; it’s about palatable changes that allow technology to impact how we work. Ivy looks at changing market conditions as having forced the wall down between lawyer and client.  Clients today expect their lawyers to care about efficiency and outcomes.  For Ivy, that means understanding the whole situation not just the legal and risk components.  By following what’s going on, how we got here and working to correct the cause of the issue we put ourselves in the client’s shoes and show that we care. In addition to her writing and legal tech design; Ivy Grey focuses her legal practice on bankruptcy and distressed transactions.   Ivy Grey Bio

In Today’s Legal Market On Episode 111 Brooks Brown of Goodwin Procter talks about the initiative and energy required for consistent business development success; that building relationships that lead to new clients and additional work with current clients should be part of each day. Reviewing a single page business development strategy document weekly and prioritizing tactical business development objectives is an important and enjoyable part of legal work and a priority within his practice. For Brooks, repeat success comes from understanding the goals of his clients and their organizations.  Asking early what success looks like, beyond the facts then collaborating with them to meet their business objectives.  His success story reflects on educating firm relationship partners on a specific area of risk, and it’s associated litigation. Explaining a complex legal concept concisely using business terms that lawyers could remember and convey to others. Brooks advise to those starting out?   Be focused on building a toolkit of what works in business development today.  Clients in today’s market value experience and expertise that allows them to be efficient in what they do. Using data intelligence to support alternative pricing models builds confidence both internally and with clients.  Sharing firm operations expertise; recommendations on fee arrangements; and providing input on e-discovery tools are examples of helping clients achieve effective outcomes. Brooks Brown is a partner in Goodwin Procter’s financial industry group and co-chair of the banking and consumer financial services practice.  He specializes in defense of leading financial services and technology companies in consumer class action, government investigations, and enforcement actions.  Brooks Brown Bio

A Mindset of Curiosity and Empathy Today’s guest is Cat Moon a practicing lawyer, educator and business leader with more than 20 years of experience in human-centered design, agile project management, strategic communication, and the practice of law. Human-centered design is a process, a set of tools, a mindset of curiosity and empathy.  It’s putting you in the shoes of the client; asking excellent questions and listening intently before offering solutions. Human-centered design is reorienting how you work and delivery service by putting the client in the center. Along with human-centered design, Cat and her colleagues at Vanderbilt University Law School are teaching and practicing collaborative skills with cognitively diverse teams. Cognitively diverse teams are both efficient and effective in solving today’s business problems, serving client more broadly and with stronger conclusions than non-diverse teams. Reflecting on her own experience as a practicing lawyer, Cat’s advice to others includes going above and beyond for clients and seeing feedback as affirming and valuable.   She also encourages embracing ambiguity, asking questions and gaining insight before presenting a solution. Cat Moon is the Director of Innovation Design, Program in Law and Innovation at Vanderbilt University Law School; where she is also an adjunct professor.  Cat is the Chief Operating Officer, Chief Design Officer and Co-founder at Legal Alignment – a company focused on creating alignment in legal workflow through legal process management training and global certification.

Building client Trust and Confidence A partner since 2007, Sarah Cave kicks off our conversation talking about digging in on tough problems, being highly organized, and listening to understand a client’s wants and concerns.  She then shares her three-pronged growth strategy: Show Up: be thoughtful about determining events and situations to participate in that allow you to meet potential clients and make connections with people who are good to know Put Up: keeps your skills toned and ready to assist clients and potential clients Shut Up: focus on listening, observing, and being keenly aware of the needs of your clients and their desired outcomes Sarah reflects on her positive experiences getting involved and showing up for events with both her local Bar and the International Bar Association.  She conveys a success story that came out of meeting a lawyer at an International Bar Association event.   She also talks about seeing clients as people and ensuring you’re aware of the goals of the person and not just the matter at hand. When asked what’s truly innovative in legal technology Sarah notes that strong communication and technical sophistication is expected by clients today.  That leveraging technology to effectively connect and respond to a client’s needs will enhance the trust and confidence a client has in you and your services. Sarah’s advice to those starting out, have a plan that’s flexible; take advantage of opportunities that present themselves.  Be informed, not just about the law but about business and industry so you can respond to your clients’ needs and requests.  Lastly, listening is critical in developing client trust and confidence. Hughes Hubbard & Reed, Partner, Sarah Cave leads a practice focused on complex securities litigation, professional liability, and bankruptcy litigation in federal, state trial and appellate courts across the country.  She’s worked on the largest financial crisis-related litigations of the past several years.  Sarah Cave Bio

Today’s episode features Perkins Coie intellectual property practice leader, Judy Jennison, in addition to her time in private practice, she spent 8 years as an in-house lawyer with Microsoft in intellectual property, product development, and antitrust compliance roles.  Judy Jennison Bio As a former in-house lawyer within a big organization, Judy understands the path to success requires an understanding of the client’s culture and the goals of their legal department for the next several years.  With this understanding, she focuses her efforts on projects that align with both the long-term strategy of her firm and the strategic plans of her clients.  Key to this plan is creating a happy, productive environment – a joyous experience – on both sides of the table, enhancing client and outside lawyer communication expanding the opportunity to present ideas and resolve issues. A focus of our episode was Judy’s success story where she highlights a pilot project designed to improve timelines, enhance institutional knowledge of the client, and ensure proper budgeting for a significant portion of the client’s legal spend.  For this project, Perkins is providing all outside counsel support (excluding litigation) for a subgroup of the client’s legal department in exchange the client is paying Perkins a monthly fixed fee with a discretionary bonus to be paid at the end of the year.  This 12-month retainer is a percentage of the clients typical yearly legal spend. Perkins is managing this portion of the budget on behalf of the client assuming control and responsibility to ensure the work completed meets the client’s overall spend strategy.  New matters and projects are discussed weekly with the client and less strategic matters may be allocated to a lower cost provider or put on hold.  An added plus – by structuring an engagement that doesn’t require the firm to pitch on every matter, the firm can focus on being part of the solution; offering creative and strategic ways to assist the client This success story is a great example of how law firms and in-house legal departments are changing and why partnering and delivering services in different ways is critical in today’s competitive environment.   

 I’m a peer, not a ‘snowflake’ In this week’s episode, we talk with Lisa Konie, Senior Director of Legal Operations at Adobe Systems, and a CLOC board member. Legal Operations and Efficiency When defining legal operations it’s helpful to look at all the things that naturally fall on the shoulders of lawyers but don’t have anything to do with the delivery of advice. Legal Operations is focused on making in-house legal and their relationships with outside counsel and other legal services organizations more efficient.   Outside Counsel relationships and partnerships are built on a foundation of trust and satisfaction, legal operations make them better, faster, stronger, and ensures high quality.  Similarly by effectively implementing AI and other efficiency technology lawyers can focus on more strategic activities.  Legal departments today don’t want lawyers doing operational work; they want them doing what their uniquely capable of doing; work that requires legal advice. Legal Operations Drives Value When looking to create a relationship with a prospective client like Adobe, Lisa suggests thinking differently.  Learn the business model of the client, learn about their culture, and their industry.  Where legal operations exist understand their role within the business; if you’re bringing forward ideas and efficiency legal operations is a terrific entry point.   Think of in-house legal as a small law firm of peers that could use help with tools to be successful.  Lend your expertise and help them be more efficient, resolving pain points as a peer; not a super snowflake client. Change the Conversation It’s time to change the conversation to value, and how firms and vendors can help in-house legal can get more value for their spend.  In-house legal wants to talk about matters and effective outcomes for their organization; not billing and the allocation of resources assigned to our account. Talk impact; present data they can use, share, collaborate and help proliferate the ideas needed to do legal differently.   Lisa Konie is the Senior Director of Legal Operations at Adobe Systems and a CLOC board member. She’s responsible for her organizations Legal and Government relations departmental operations including strategic planning, outside counsel relationships, tool implementation, and communications.  Ensuring departmental effectiveness and efficiency while effectively fulfilling the needs of the business. Lisa Konie on LinkedIn

The Essence of Vision In this week’s episode, we talk with James Libson, Executive Partner at Mishcon de Reya, about his practice and setting up the Mishcon Academy to help lawyers develop the skills needed in today’s modern legal environment. Reflecting on his career; his success as a firm leader; and cultivating business, James talks about continuously servicing clients, guarding their interests while constantly being on the hunt for new clients; many of which will come through good service in the form of referrals.  He encourages his legal team to take advantage of both the institutional business development efforts available through the firm while also seeing business development as building their own business.   This encouragement along with the addition of business and commercial training available through the Mishcon Academy has shown accelerated results; and is now part of the formal training program for Mishcon team members. When asked about growth strategy, it’s evident this is an area were the Mishcon de Reya has spent time and effort; and it’s paying off.    The process began by developing 3-year strategic plans for each of their 16 businesses.  Attention to these strategies has resulted in significant growth.   Taking this further Mishcon is rolling their 3-year plans under a 10-year vision for the company.  The business decisions being made by Mishcon today represent the desired essence of the firm 10 years into the future.   By thinking, working and planning for a future vision, they’re able to make brave decisions enhancing the business in areas they wouldn’t otherwise invest. When analyzing the market, James finds the most innovative lawyers are looking at the application of the law in new areas like drone or blockchain law.    Dovetailing this with his advice to lawyers, seek an area of law that’s of interest to you; that’s intellectually stimulating.   Today lawyers need different skills; it’s these skills that will accurate the advancement of this new generation of lawyers within the firm. James Libson is the Executive Partner at Mishcon de Reya.  He acts for a variety of clients in the areas of privacy, employment, commercial disputes and litigation.  He’s worked on several high profile cases and believes a lawyer in practice is nothing without clients.    James Libson Bio

Delivering Solutions to Clients with Javier Fernandez-Samaniego     The following highlights points from our discussion with Javier Fernandez-Samaniego, the Managing Director of Samaniego Law; an alternative Iberoamerican law firm. Firms as Aggregators Alternative firms offer a different structure for the delivery of legal solutions focusing on delivery as an aggregator of solutions.  This includes specialties not typically part of a traditional firm; non-legal services, technology, and outsourced solutions.  Offering overall consultancy and technology solutions within a firm often appeals to the General Counsel who doesn’t trust the disparate pieces but trusts the judgment of the alternative firm to provide a combination of services to assist in the resolution of business problems or facilitating business improvements. Offering clients the coordination of and collaborative solutions is the way of the future.  Lawyers who think broadly and provide business solutions to clients, build trust and foster long-term client relationships.  It’s about the client and their business need with the use of technology benefiting the way a lawyer practices not as a replacement or a deterrent to practicing. Firm Business Models and Innovation While many US business models are innovative, the US legal industry isn’t seen as innovative, it’s seen as reluctant to change.  The legal industry needs to commit to staying current.  An example to replicate is the healthcare industry; an industry that’s saving lives by embraced innovation and continual advancement.  Looking at the medical industry and the need to stay current lawyers and firms may see the value of innovation, technology and embracing change.  Optimism exists with a new generation of lawyers hungry for change and a buyers market of General Counsel demanding it. In the EU it’s a moment of transformation; lawyers are struggling which is driving innovation.  Referencing a report on the future of the legal industry by the UK law society of England and Wales from 2016.   We connect the change in the UK legal industry to the financial crisis and the liberation of the legal services industry through the law society’s approval of alternative legal business models – paving the way for UK firms as innovation leaders in their jurisdiction.  This change, along with allowing external capital in structuring the ownership of firms has greatly influenced how clients buy legal services in the UK today.   While large corporate organizations include fewer law firms and add several alternative law companies to their panels; organizations trying and having solid experiences with alternative firms we’re seeing change enabled. Opportunity and Slogans Today there are more opportunities than ever within the legal industry.  Being a lawyer is an incredible profession as lawyers are drivers of change.  Thinking about the needs of clients shouldn’t be a marketing slogan but a way of doing business.   It’s our obligation to understand the needs of clients and to find the most efficient and appropriate solutions to solve their business problems. Javier Fernandez-Samaniego is the Managing Director of Samaniego Law; an alternative Iberoamerican law firm specializing in technology law and dispute resolution.    His firm has experience working with EU clients, Latin American Clients – and US clients undergoing EU expansion.   Javier Fernandez Samaniego Bio

Innovation By Press Release On episode 104 we talk with Travers Smith, Managing Partner, David Patient.  David is clear on the approach he’s personally employed while growing Travers Smith in Europe.  Noting the importance of being front-of-mind with clients, the tireless pursuit of targets, and thinking about clients even when they may not be thinking about you. Personal service and developing relationships – knowing as many people as possible – is important, and when given the opportunity to work with clients deliver the best service possible.   The practice of law is about people, and the people you’ll meet during your legal career.   By listening to what clients want, and what’s happening in the market, you and your practice will grow. Be brave, be tactical; persevere.  When rebuffed don’t take it personally there may be a real reason you’ve been turned away, try again another day.  It’s a long career. It builds.  Maintain your network of peers and look for people who need your advice on a regular basis. When asked what’s truly innovative today?   The conversation turned to innovation by press release.  The core of innovation in the delivery of legal advice and services today is listening to clients and being efficient.    While the innovation applied to attracting and maintaining a millennial workforce will be key to the future of firms. Travers Smith, Managing Partner, David Patient leads the London and Paris presence for his firm. An international M&A specialist he also heads his firm’s International committee coordinating relationships with leading independent law firms throughout the world.   David Patient Bio

Let’s Not ‘Do’ Lunch In episode 103 we featured Lisa Howlett, General Counsel, SVP and Secretary of Hunter Roberts Construction Group.  Lisa ensures her organization has effective advice and representation working on legal issues related to construction, contracts, corporate transactions, real estate, labor/employment law as well as strategic business consulting and intellectual property matters.  Lisa Howlett on LinkedIn Lisa learned early that the two key skills of in-house and outside counsel are listening and being responsive to the businessperson you’re assisting; learning what they’re trying to accomplish.  Today, she hires outside counsel that cares and understands the personal and professional risk in-house attorneys are taking by bringing in outside counsel in with the hope they’ll provide valuable assistance that fulfills a business need. Establishing trust with outside counsel is important, and as matters change and organizations grow you can’t rely only on people you know.  Continuously evaluate other outside counsel and be open to working with new people.  Look for attorney’s that are prepared and knowledgeable but also willing to share ideas in their area of expertise. Save the meal invitations and trying to establish a business relationship by creating a social one first; no thank you.  Invite Lisa or someone on her team to a CLE, have coffee before; or introduce her and her team to someone who can help them.  Assist the team by providing something beneficial to the business.   Social relationships don’t create business relationships; helping solve business problems creates business relationships. For Lisa and the businesses, she represents cost certainty is important.  RFPs are done for larger opportunities and smaller opportunities are often sent to new firms on a trial basis.  She looks for lawyers and firms that will work with her; that is willing to discuss alternative fees; looking for predictability where it exists breaking down the components of a deal and getting creative with overall costs. As willing as she is to recommend paying for the advice of a specialist partner; Lisa and her team want to manage and be fiscally responsible about components leading up to advice.  Balancing alternatives to be efficient, including working with outside counsel for advice and in-house counsel and technology for document review her in-house department is stretching out in the new legal model. In today’s world, the management of information is key and in-house counsel sees value in the culling of information done by outside parties presenting information to clients in a usable format.  Lisa is also a fan of co-utilizing technology recommended by the firms she’s working with.  Jointly using technology shows a commitment to efficiency and the long-term relationship. Lisa’s advice to new lawyers just starting out?  When looking to establish a professional network that could ultimately provide business for your practice Lisa suggests looking at your peers and building for tomorrow.   When given the opportunity to bid on business make sure you convey the values of your firm.  In-house legal is aligning hired legal staff with members of a business team they need to know that the firm and lawyers are in alignment with the mission of the client and the firm. Today’s legal industry lacks middle-level lawyers many left 2008-2010 exactly when law school attendance dropped. The opportunity exists and there are many different avenues for junior associates today.  

Law Firms Are Poised to Offer Broad Solutions Lucy Bassli’s new adventure allows her to have a broad impact on the legal industry. Through her work at LawGeex and the organization she founded, InnoLegal Services, she provides both the ‘what’ of legal advice and the ‘how’ of a consultancy; advising on the effective delivery and receipt of legal services.   We summarize our LeftFoot Podcast, Episode 102, below. Today’s in-house legal departments shouldn’t have to pick a law firm and an alternative service provider. They shouldn’t have to piece together service efficiencies and legal tech.   Today it’s more common that law firms are coordinating legal administration and technology on behalf of clients. Law firms are perfectly poised to offer a broad legal tech and human resource solution. We’re at an inflection point, the volume of work is overwhelming and budgets aren’t unlimited. Lawyers need to get comfortable with other people and systems doing things on their behalf. It’s smart risk-taking. Relying on technology is no different from relying on a paralegal or an alternative legal solution or outsourcer to help.  When automating an integral part of a lawyer’s work adoption comes from positioning the new solution as not different but more efficient due to technology. The technology is not making decisions, its helping lawyers do things faster and with more information. The UK and specifically London seem to be buzzing about legal innovation and legal tech. A recent LeftFoot guest suggested that professional services within the UK specifically London had to quickly implement innovation and efficiencies after the downturn in 2008. The UK didn’t bounce back like the States did. The alternative business structures in the UK allow the delivery of legal services by other businesses, other business people created a healthy tension for innovation. While there are no reasons legal professionals should be threatened by legal technology and outsourcing; there is no reason the legal field should continue as is. Lucy Bassli is a recognized leader in legal operations and innovation. The former Assistant General Counsel at Microsoft she recently joined LawGeex as Chief Legal Strategist. She also founded her own law firm and consultancy, InnoLegal Services. Lucy Bassli Bio

Expertise and Reputation A lawyer labeled as ‘commercial’ is a good thing. Commercial lawyers are interested in quickly and cheaply resolving the client’s business problems as emphasized in a recent interview with Kirkland Partner, Dale Cendali.  Dale leads her firm’s Copyright, Trademark, Internet and Advertising practice group. It’s the age of competition and expertise. Even with the growing addition of professional marketing and business development resources within firms, there’s an expectation that partners manage their business; bringing in new clients; staying current, and important to clients. Being aware and accessible.  Seek out opportunities in your area of expertise.   Having started her career when specialization was less valued, Dale developed her IP expertise over time combing her interest in the arts and her work in intellectual property and fair use in support of artists and artist’s rights she researched and learned about her topic.  Enthusiasm alone will not get new clients you need to make people aware of your expertise.  She wrote article after article; and gave speeches to any group that would have her. Become sought after. Over time Dale developed an expertise and a reputation in her field. Today she’s invited to pitches because of it.  Being contacted by someone you don’t know; or someone who doesn’t know someone you know; the un-affiliated is a sign that you’ve developed a practice. Today, clients seek the best lawyer for the project there is more competition and less institutional loyalty.  Mentor others, build your practice and continue to develop a presence.    You need success and a successful track record to be successful at pitches. Business development is both new and old school. Be seen, be trusted, be friendly, and be knowledgeable. Offer a personal touch, and showcase others. When clients evaluate partners they see the team. Are they well operating, friendly, knowledgeable, and team players? A lot of business development is new and a lot is not; the accessibility of people through electronic means has changed the pace of client support; while being a nice person, having favorable results is not. Just starting out? Get involved in bar association work. Pick a group, participate, go to meetings, get to know people and people will get to know you, you’ll learn and you’ll be seen in your community and in your firm as someone getting involved. It can be daunting to do business development; to add more tasks to your ‘list’.  A career is a marathon take a long-term view. Dale Cendali is a nationally recognized leader in the field of intellectual property litigation. She’s successfully litigated and tried – numerous high profile cases including having argued before the US Supreme Court.   Dale Cendali Bio

Think Dynamically About Your Clients In the 100th episode of LeftFoot our guest Katie DeBord, Chief Innovation Officer at Bryan Cave highlights the substantive changes taking place in today’s legal environment and how it’s changing the lawyer-client relationship at every level.   That the firms, practices, lawyers and legal service providers who are doing things differently investing in innovation and that have a culture of innovation from the top down are making an impact. Today outside legal providers are differentiating themselves by presenting tools to help clients operationalize their legal advice. There’s an increased awareness of legal operations and the integration of legal advice with the technology available. It’s about holistic legal service delivery, lawyers asking and addressing business questions.  Recognizing that a client may need both legal advice and the efficiency of an LPO. By offering a collaborative approach that’s authenticated and process managed you’ll making it efficient for the client, meeting their expectations within a budget that works for them. Katie’s advice to partners and senior associates taking on business development responsibilities. Get over imposter syndrome, ask your clients questions. They’ll appreciate that you’re interested in their business. Research, think dynamically about how you and your firm can help them meet their goals including and going beyond the delivery of legal advice. As Chief Innovation Officer at Bryan Cave, Katie DeBord drives her firm’s global initiative to innovate the way the firm delivers client services. Including new ways of training and developing associates; and new processes and technologies to drive efficiency and collaboration within the firm. She also spearheads the development of custom technologies that enable clients to streamline and better manage their legal operations. Katie DeBord Bio

Legal Tender Strategy Our guest on podcast episode 99, John de Forte has been advising law firms and other professional services organizations around proposals for over 30 years. He authored ‘Winning Proposals the Essential Guide for Law Firms and Legal Service Providers’ in 2017. Legal Purchasing We begin our conversation talking about the growth and influence of professional purchasing within in-house legal.  Not yet the final decision makers these professionals are influencing the process and are focused on getting value for money spent while creating a more objective buying process. Value In today’s environment, legal providers should be focused on presenting themselves in the most objective way possible connecting work product to value.  Clients are looking for assistance in the management of legal resources and overall legal spend, gone are the days that the role of the law firm is solely technical relative to the law. Outcomes and Continuous Improvement In-house legal is also looking at outcomes and what each partner has achieved specific to outcomes and the benefits of the result. Purchasing and in-house legal are looking for continuous improvement; and an increase in quantifiable value over time. Law firm partners are tasked with providing the data and cost breakdown to assist in evaluating value. Incumbency Retendering efforts for the next contract cycle should start the day after the initial contract takes effects.  Start with tracking achievements and implementing an independent review two years in advance of a contract renewal to access client satisfaction, and to surface issues to be corrected. This will be helpful in reiterating the positive things that have happened within an account over the life of the contract. Planning early is the best way to make the most of the natural advantages of having a current contract. Qualification The general feeling among professional services organizations specific to bidding is opportunistic. Implementing a qualification process and being more selective increases win rates and reduces opportunity cost.  Successful deal qualification should include positive responses in four areas: Strategically, is this a sector we have a focus on and are committed to. Can we be successful? Tactically, is there an existing relationship and do we have access to decisions makers during the tender. Without access or a relationship, your ability to develop a relationship is greatly reduced. Logistically, do you have the resources to complete the tender well and would there be an opportunity cost specific to other tenders? Commercially, would this be a profitable business?   Is there an opportunity cost of doing the tender that will jeopardize other more qualified deals. Bid Strategy First, develop as detailed an understanding as you can about the organization and the key players in the organization. Your tender is only as good as the evidence in support of the client’s specific requirements. It’s important to understand how the reviewer will be ‘seeing’ your submission. Second, you need access to intelligence, having a relationship or the ability to develop a relationship during the bid process is important to understanding priorities which are not clear from the tender document. Third, avoid the trap of looking at a tender as an exercise in compliance. It’s not about filling it out the questions and going through the exercise before a deadline, it’s about getting ahead of the competition. What is the client trying to achieve and how can we assist them. It’s not about capabilities

With David Pashman of Meetup For LeftFoot episode 98 we interviewed David Pashman, a former big law transaction lawyer turned startup general counsel and educator.  David is currently the Head of Integration following the WeWork / Meetup transaction. Reality #1: Going In-House is a Transition A big part of David’s transition was learning to work effectively with business people, presenting complex legal issues with an emphasis on ‘why his business partner should care’.   He also gained a comfort level working with risk and uncertainty, a necessity when delivering timely advice.   His approach is to rely on what he knows and doesn’t know.   For topics, you know use your own best judgment, for topics you don’t know rely on others.   Having a strong sense of what you know – and don’t know – is critical. Reality #2: Cost Isn’t Always a Priority  When evaluating outside resources, David’s focus isn’t locating a low-cost provider, noting by category that lawyers charge similar rates.  He’s looking for outside partners to assist in solving business problems outside his knowledge area with seasoned judgment and experience.  In his view, innovation and cost are less important than efficient problem-solving. Reality #3: Specific Preparation is Expected When looking to secure a new client, David suggests an amount of research similar to what you’d do if you were interviewing for a position.   With the access to information available today, it’s not OK to be uninformed.  David looks to evaluate a potential partner’s ability to understand the legal and business situation requiring resolution noting the presenting party should have thought through the business situation and offered suggestions for resolution – even without all the details. Reality #4: The Goal is Efficient Problem Solving When it comes to advising on business development, David suggests beginning with a problem the client looking to solve.   Describe a possible resolution – in detail; letting the client see how you’d work and communicate as a team.   Just starting out? Spend time with business people, understand how they think, what their day is like.  Do research to understand your client or potential client’s business mindset. David Pashman is a former big law transaction lawyer turned startup general counsel and educator.  David sees the role of the lawyer as an advisor, business partner and consigliere as opposed to the technician. A true believer in Networking to be successful he joined Meetup as their General Counsel in 2010 and is currently the Head of Integration following the WeWork transaction.   David Pashman Bio

Service is Personal Our discussion with Michael McGee, starts off with a point we can’t emphasize enough; it’s about the client. A client’s needs come first. Go beyond the legal deliverable and ease the concerns of the client. Get to know your clients, see them in person; get to know their businesses. Listen and continue to ask (and earn) their business. Others are asking you should be too. Mike’s firm has a yearly strategy for growth including a specific plan and targets for the year. The plan reflects known clients activities in the coming year; what’s happening in specific industry sectors; and what’s occurring more broadly in current events. He notes that the attitude of firm lawyers about the yearly strategy is important. Being smart is table stakes, it’s important that firm lawyers understand that competition exists; and that executing a strategy and plan with energy and enthusiasm matters. When addressing changing market conditions our conversation quickly turns to data and the ability to break down cases and matters using the tools available today. The availability of data coincides with the shifting of fee risk from the client to the law firm. Originally requests for data and specific cost outlines were driven by clients looking to understand costs, as they owned the risk. With the acceptance and widespread use of fixed fees, the financial risk is now with law firms and the data insights are being used to establish fixed fee pricing agreements. When establishing caveats for fixed fee agreements, Mike recommends broad-based discussions in advance. For example, ‘we’ve analyzed the drivers of cost within these 5 areas; we feel confident with the fixed fees within these 3 areas; and less confident in these 2 areas and this is why’; ‘we’d like to talk about alternative fee structures for these 2 areas before we agree on fees’. Establishing a basis for this discussion should not be random, get it on the table early, talk about it. Noting that in some areas of the law, specifically public finance, fixed fee engagements have been in place for 80 years. Lawyers not used to this type of billing are often uncomfortable with the practice. Using analytics to assist with pricing drives accuracy and can alleviate risk bringing us full circle on both the risk and the need for data. Advice to those starting their business development journey? Begin as early as you can developing a network within your age cohort. In 10 years many of these connections will be in positions of influence as in-house counsel and business leaders. Set-aside time. Focus on the fundamentals, find your authentic voice; make an effort, and business development success and the joy of that success will come. Michael McGee, Miller Canfield’s, CEO, oversees a firm with more than 300 legal staff; across 16 offices; in 5 countries. A corporate transactions lawyer and a senior member of the Public Finance group he’s put his law, economics and public policy education to good use.

Legal Services Cost Money and that’s OK! We had the pleasure of interviewing Aliza Herzberg on LeftFoot. Aliza started her own employment law firm in 2017 after a successful 24-year career working for others. Aliza’s key to business development success is making sure she understands and meets the business objectives of her clients. She gets to know her clients and presents them with solutions versus communicating solely about the law. She values a personal touch and makes time to get to know the people she works with at her clients. As a success story, Aliza shared an experience with a junior lawyer hired to assist with research at a client. While working on the case Aliza spent time and provided mentoring to this lawyer. This lawyer later went in-house and when an employment law matter was raised she recommended Aliza. Over the next few years, this organization became a sizable client for Aliza. A strong reminder that building relationships matters; and that junior and midlevel lawyers make recommendations. Remembering the advice of one of her mentors Aliza suggests when approaching people for business development you may need to reframe your thinking. You’re not asking the client to pay you, you’re asking them to let you help. You’re asking them to let you provide solutions and advice, you’re offering something of value. When asked about changing market conditions Aliza conveyed that clients today more than in years past want to weigh in and be thoughtful on whether to litigate or not. They want to have a view of the costs and to be aware of the trajectory of a case at the beginning; as well as a sense of the case status and the cost as the matter as time goes on. They want to understand the routes to resolution and their associated costs keeping in mind that employee distraction and brand implications can be just as important when making the decision to litigate. When it comes to innovation Aliza commented on the impact of technology and social media on reminding people of the work you do and getting information out. While this type of communication may not have an immediate impact, it will likely bring referrals and direct business over time. Communicate information that reinforces what you do and the manner in which you do it. Aliza’s advice to those starting their business development journey? Get your skills down and gain a comfort level with your expertise. Wear what you do proudly and be the lawyer you are everywhere you go. Get comfortable with saying that you require a specific retainer and what your billing rate is. Know your rate, the rates of others you may be referring, and the services of your firm. If needed, stand in front of a mirror and say 100 times ‘my firm has a policy of requiring a retainer of x’. Get comfortable saying it. Legal services cost money and that’s OK. Those who need your help understand and in the end will feel good about the benefit derived from your services. Last word? Talk positively and with energy about what you do. Think how the work you’ve done and will do helps others. Feel comfortable talking about money.

Strategies and Tactics for Today The CEO and Founder of AltaClaro, Abdi Shayesteh is a corporate, bank regulatory, and finance attorney. He worked for a global law firm – a boutique firm – a powerful central bank – and a groundbreaking fintech company before starting the company he now leads. Abdi Shayesteh Bio A proponent of experiential learning, Abdi implements what he’s learning from his network of advisors and mentors, going back to those advisors, with updates on outcomes after executing their advice and counsel. This process and the willingness to take risks and try new things has been key to his success. In turn when asked for advice Abdi looks to be part of the process sharing his approach and methodologies for executing on specific advice.  His advice specific to implementing strategies for growth?  Get in front of the right audience being strategic and surgical about it. Before you engage establish a strategy. Which industries and companies are the right companies to use your services, and what are the types of companies and industries relevant to your practice. Spend time on your strategy then deploy tactics surgically to get in front of your audience both virtually and physically. Be authentic, if you’re not a good networker in large groups and at large functions – don’t do it. Find what works for you think quality over quantity then ensure you’re connecting with people for the right reasons, that you’re sharing knowledge that’s of value to them, creating an authentic relationship. Authenticity includes knowledge of your expertise, your likability and creating an opportunity to evaluate chemistry specifically your ability to get along and communicate effectively. Staying in front of clients especially global clients is challenging. It’s important to build a community and be savvy enough to use electronic communication and personalized learning for marketing and client development.  Abdi and his firm AltaClaro supports the use of short bites sized videos to communicate ideas, expertise, and likability leveraging digital content to get in front of others – to get your message out and be prescriptive to a specific audience that will value it. Today the international legal community is using technology for communication, there’s a real opportunity for US lawyers to do the same. In developing your strategy and deploying tactical activities to execute on that strategy, experiment with different technologies to get in front of the right audience. Experiment and learn break out of the mold.

The Business of Law with Mark Cohen of Legal Mosaic and Elevate Legal Services In Episode 94 we talk with Mark Cohen, former civil trial lawyer, big law Partner, national litigation boutique firm founder, and insurance industry outside general counsel. An early mover on Legal Tech and Legal process outsourcing, today Mark is the CEO of Legal Mosaic and Chair of the Advisory Board and Chief Strategy Officer at Elevate Legal Services. Mark Cohen Bio Mark attributes his success as a lawyer and businessperson to being relentless, authentic, persuasive, and relating to people as people – telling stories and relying on complex, factual legal matters in a way that people can understand and resonate with.  Noting that in today’s legal environment sophisticated legal buyers look seriously at data related to outcomes and efficiency as criteria for selection and for continued use of a lawyer or firm. That the change in the industry is not being driven by the proactive conduct of law firms but rather the insistence on the part of legal consumers for change. Our discussion focused on the difference between legal practice and the delivery of legal services. That there’s a change occurring with a reduction in activities attributed in the practice of law and needing to be performed by lawyers; and an increase in the services attributed to and performed by non-lawyer legal professionals and the technology tools available to them.  This change is requiring law firms to either have an increased understanding of the business of law internally or to be partnering with firms that specialize in the delivery side of the law. Within the traditional legal culture, lawyers are trained to ‘leave no stone unturned’ vs. to understand the client’s objectives and the value of the overall result of the matter. In the business world, everything has a value and sometimes good is plenty good enough.    Until relatively recently, lawyers decided what activities were legal tasks and which weren’t and how much time to allocate to each. Today clients make those decisions and distinctions.  This collision of traditional legal culture with the current business culture highlights the need for lawyers to align their efforts with the interests of their clients.  These updated work practices including outcomes-based agreements require mutual trust and a commitment from both parties for a positive and effective outcome. We end our interview with Mark sharing his enthusiastic and optimistic view of the future of the profession. That it’s a terrific time to be going into the legal industry, whether you’re a lawyer, businessperson, technologist or entrepreneur.   That the many positive developments as a result of change are leading to the emergence of a global legal community and the opportunity solve some of laws problems. The stagnant, insular and non-diverse; legal culture is beginning to change; that there are limitless possibilities in the legal industry for people who are informed and qualified. Tune into our full discussion with Mark Cohen, LeftFoot Episode 94 on iTunes, Soundcloud, Stitcher, and LeftFoot.com.

Skills You Can Learn to Grow Your Practice Paula Davis-Laack, is the Founder and CEO of Davis-Laack Stress and Resilience Institute. A former practicing lawyer, Paula is a stress and resilience expert and has taught stress and resiliency skills to thousands of professionals around the world. Paula Davis Laack Bio For those not excited about executing tactical business development responsibilities; networking; pitching on business without success, and generally taking time to grow your practice when you prefer to practice law– this episode is for you. In LeftFoot episode 93 we talk with Paula Davis-Laack about lawyers and resilience and the relationship between resilience and business development. First, resiliency defined. Resiliency is the ability to deal with a challenge, change, and disruption: How to withstand it? How do you recover? How to bounce forward from these experiences and moving ahead more prepared. We began our discussion with some common traits of resilient people. Resilient people think differently under stress and pressure. They connect with others more and have the ability to develop relationships, to be part of the conversation. Resilient people are curious about learning and finding out more.   Resilient people understand how to thrive, how you recharge and stay engaged. Resilience is a skill set you can build and practice using tools that can get you through rejection – losing a client, loosing out on a new project with a client or prospect – and help you be more resilient and make meaningful strides.   Building resilience takes self-awareness and practice. Paula shared a quick resiliency tool to assist with ‘thinking differently when under stress and pressure’. Using the acronym STOP: S – Stop T – Take a breath O – Observe – do a quick observation of how you feel, what your feeling P – Proceed Using this quick time out you can reflect on what you’re thinking under stress and pressure and carry more awareness into the next situation. The relationship between resilience and business development lead us to discuss self-efficacy and ones belief in their ability to be successful.   People with high self-efficacy, look at difficult tasks as challenges to be mastered versus threats to be avoided. They believe they can stick with things longer – work harder, and look for resources to assist them versus ways to escape. In a discussion following our interview Paula shared the following tips for building self-efficacy; an essential component of resilience: Mastery experiences are the most effective way to build self-efficacy. Getting the chance to learn by doing, and being successful in the performance of new skills. Vicarious experiences are the next best way. Observing others be successful at the desired activity. Verbal persuasion – learn by being coached by a credible respected source about your efforts. They express confidence in your abilities to complete the task, give feedback and guidance and recognize a job well done. Research shows that lawyers with high self-efficacy are better able to identify new business opportunities, create new products, think creatively, commercialize ideas and persevere under pressure. Embracing resiliency is not difficult, but it does take practice. Like business development, it’s a skill set and can be learned.  Tune in next week for Episode 94 where we feature legal industry innovator, Mark Cohen, Chair of the Advisory Board and Chief Strategy Officer at Elevate Legal Services.

For our first episode of 2018 LeftFoot is featuring 4 women associates from the Goodwin Private Equity and Mergers & Acquisitions business.   We share their perspective on business development and taking on business development responsibilities at the firm. First up was 2nd-year associate Serena Shi. Serena’s strategy for business development and client retention is ‘spot on’ noting that responsiveness, the ability to engage with others as a team player, and consistency in execution are differentiators.   She also notes the value of adding a personal touch without compromising your professional image in this very competitive space.   When it comes to the future and taking on responsibility for business development as a partner, Serena feels it’s should be a gradual process starting as an associate versus an abrupt change.   Serena Shi Bio The second associate we talk with is 3rd year, Michal Netanyahu. Michal believes more client face time would be helpful. Noting the importance of understanding your client’s perspective, timeline, desired deal pace, and the overall business considerations your client is facing.   We discuss the advantages of a lower bill rate including being seen as an accessible resource and client-side peers that will be her clients in the future.   Simone Greenspan Bio Next is Simone Greenspan, a 2nd-year associate. Simone reflects on observing others and the business development best practices they employ.   Noting a partner’s ability to transition from a work social conversation to a business development conversation with ease. Simone and Nicole also discuss the power of watching and hearing from diverse role models.  Michal Netanyahu Bio We conclude with points from 3rd-year associate, Christine Poile. Chris reflects on consciously developing relationships that will grow over time. That as a 3rd year, reframing business developing as a priority will be next step specifically focusing on developing relationships outside the firm. We conclude our conversation with Chris talking about the importance of listening and understanding a client’s needs; developing your own style; and how to be uniquely you as you present yourself to clients and prospects.  Christine Poile Bio We hope you enjoy episode 92.   Tune in next week to hear from Paula Davis-Laack, on lawyers and resilience – and the difference between resilience and grit.

A thank you to our audience and supporters… We’re sharing the 3rd of our 12 Business Development Challenges in this episode.  This Challenge is the first of three challenges in our Business Development Grit category related to networking. The LeftFoot 12-SESSION Challenge is divided into 3 categories: Business Development Grit: Tactical habits that lead to BD success – including networking Nailing Your Niche: How to focus and develop an expert reputation Commercial Savoir Faire: a discussion on business and the revenue side of law We believe: 20% of people are natural at business development 10% say ‘no’ to business development 70% are neutral and can adopt the skills necessary when presented in an organized, methodical way It takes focus and thought to ‘Lead with the LeftFoot’… Until next time

Data-Driven Outcomes Today’s guest is Brendan McInerney, Manager of Legal Project Management at Dorsey chats with LeftFoot about applying diligent matter planning practices understanding the necessity of transparency and clear communication with clients on legal matters. Brendan McInerney Bio More than software: Legal Project Management (LPM) is about execution and communicating value to clients More LPM: means less administration for lawyers Matter data: Making client billing and scope change discussions easier Boost Client Communication: show value by sharing Legal Project Management data Now available: innovative data mining due to AI Disruption will continue: embrace and be part of it

A Conversation with Olga Mack of Clearslide Olga Mack started her career as an IP litigator before going in-house and working for several start-ups. Today she is active in the startup world, is on the board of two early-stage starts and is the General Counsel and Assistant Secretary for the San Francisco headquartered, sales and marketing engagement platform ClearsSlide. Olga Mack Bio Contracting with Outside Resources: Referrals are important and powerful. Quality Expectations: Be explicit about what quality looks like. Communication is key. Legal Tech: It’s an expectation that providers embrace technology – including law firms. Added Value: The inclusion of technology within legal services is providing added value to both the client and the firm. Outcomes: Providers should proactively quantify service delivery value so in-house counsel can intelligently communicate with organization leaders, board members, and the CEO. We Like It: The efficiencies and improvements offered by legal tech create a more satisfying experience for the legal department and firm users. Predictability is key: Budgets have an inherent constraint. Hourly billing lacks precision. Pricing isn’t taboo its reality on both sides of the table.

Steptoe & Johnson, Partner, Lucinda Low is a widely recognized authority in the US Foreign Corrupt Practices Act. Her practice focuses on the US and international anti-corruption laws. She is a member of her firm’s management committee and head of the Compliance Investigations, Trade, and Enforcement Departments. Lucinda Low Bio Habits: Put yourself out there, it takes a certain kind of energy and willingness to engage with people and open yourself up to possible rejection. Referrals: Listen and being alert to opportunities. Events: Identifying key opportunities in your field. Time is our most precious commodity. Think carefully about how you are going to allocate your time. Build trust: Clients want to know how you can help them solve their problem. Don’t give up easily. The right opportunity may eventually come around. Deliver Value: Help clients and prospects avoid risks by anticipating trends. Advice: It is never too early to start developing the habits of business development With practice, most lawyers can develop these skills Don’t get frustrated Learn to adapt to changing market conditions

Andrew Spielman is the Chair of Wilmer Hale’s Energy, Environment and Natural Resources Practice, and the ‘partner-in-charge’ of the Denver office. Prior to working at two top firms, he served in senior positions at the US Environmental Protection Agency. Andrew Spielman Bio Adopt a client service approach Be a team player Regularly evaluate your business development investment and adjust Have a plan and execute the plan – in a deliberate manner Show value before the client is a client through knowledge sharing Today’s in-house council is under pressure to be efficient It’s a business relationship – have direct business-to-business conversations Last Points: Learn your client’s business Get to know them Celebrate their success And thank them for letting you contribute

David Douglass is the Managing Partner of the Washington, D.C. office of Sheppard Mullin and a partner in the Government Contracts, Investigations & International Trade Practice Group.  He’s represented companies and individuals in criminal and civil, False Claims Act (whistleblower), investigations and litigation. He draws on this experience to strengthen his clients’ compliance and risk management programs. David Douglass Bio If you want to have a practice, if you want to represent clients, you have to ask people to hire you Have a goal, have a plan, and execute against the plan Outcomes: I owe it to my client to give them my best assessment of my ability to achieve their objective. Focus on who you are as a lawyer the kind of practice you want and let everything flow from there If you enjoy what you’re doing, you will do well and success, including financial success, will follow Invest in your practice and the development of your practice Make sure you are constantly working on intellectually challenging and engaging tasks

Steven Zager is a partner in the NY office of Akin Gump. He’s been recognized by Chambers; Best Lawyers in America – and as a Law 360 Trial Ace for his significant record of trial victories for clients nationwide. He serves as the global head of his firm’s intellectual property practice. Steve Zager Bio Clients look for lawyers who listen, who internalize what their hearing in a meaningful way and are prepared to act upon it. Involve your Millennial team members at the beginning, get them involved in discussions on case strategy, introduce them to the client, take them to court. There’s high demand for low-tech conversations. “What would you attempt to do if you knew you couldn’t fail?” If you don’t have something unique that you bring to the table, something that’s a value-add, then don’t fill up your client’s email inbox. Business detests uncertainty. Give the client certainty. “Buy the ticket. Take the ride.” – Hunter Thompson Check out our GPS (Growth Practice Solutions) for business development success:  

We talk with the Zenefits, GC, Joshua Stein  Joshua Stein, is the General Counsel and VP of External Affairs at Zenefits. He leads his company’s legal, compliance, regulatory affairs and government relation’s efforts.  He brings a variety of experience to his current role having served as a Sr. Associate at Quinn Emanuel; an Asst. US Attorney; a federal judicial court clerk; and an Intelligence Officer for the US Army – a 4-year period which included leadership with a U.S. Army company deployed to Bosnia. Joshua Stein Bio In-house: the pace is relentless and your focus and time are much more fragmented. Homework: Doing your homework shows that you value our business. Demonstrate: your expertise and analytical ability. Have a plan and provide insight. Budgets: ‘I live and die on that budget number.’ Stage your proposal: It’s understood it’s difficult to provide an estimate. Project phasing and communication are key. Let’s huddle: It’s effective and cost-efficient. There is a big loss of quality in transmission. Nothing is perfect: If all the feedback you hear is perfect, start to worry about the relationship.

Andrew Sherman is a Partner and Chair of the Washington, D.C. Corporate Department of Seyfarth Shaw LLP. He focuses his practice on issues affecting business growth for companies at all stages, including licensing and leveraging intellectual property and technology assets. He has served as a legal and strategic advisor to dozens of Fortune 500 companies and hundreds of emerging growth companies.   Andrew has written nearly 30 books on the legal and strategic aspects of business growth. He has appeared as a guest commentator on CNN, NPR, and CBS News Radio, among others, and has been interviewed on legal topics by The Wall Street Journal, USA Today, Forbes, U.S. News & World Report, and other publications. Bio Andrew Sherman How Andrew succeeds at Business Development:  a genuine passion for helping people; being incredibly well organized; an educator at heart. Strike the right balance between being excited to meet new people and help them and not being that guy handing out 80 business cards. Make communication a habit. Make the time investment. Embrace it. Enjoy it. We can’t offer ourselves as problem solvers if we don’t understand the business aspects of the problem.  AI can’t provide the substantive judgment of a well-trained veteran lawyer. It’s going to be an intermingling of a lawyer’s judgment and tools like Watson, data mining, and artificial intelligence that will make us more efficient. This episode is sponsored by Doxly:

A conversation with Mark Smolik of DHL Mark Smolik, Vice President General Counsel & Secretary, Chief Compliance Officer, DHL Supply Chain Americas, leads his company’s legal, commercial contracts management, compliance, and economic development teams.   He’s a proponent of establishing strong operational disciplines and working closely with the business in support of their shared interests. He’s been in his current role for 8 years following successive in-house roles at three name organizations since 1990. Mark Smolik Bio Corporate Lawyers: take a business approach to the practice of law; your demeanor should be that of a business person. Build Internal Equity: offer a supportive approach to the business. Provide Meaningful Value: your perceived value to the business is key. Be prepared: take the time to learn about the organization, the industry, the legal department, and the people on the legal team. Tie the services you offer to the needs of the client: show that what you have to offer is relevant. Ask for the business: reach out proactively and provide relevant information. Competitive Advantage: clearly state what you have that is a competitive advantage and why we should work with you. Advice: ask for the business; make a strong impression, don’t assume panels are locked down. Things change. They are always looking for additional talent. This episode is sponsored by Axiom Law:

While Leaving the Hubris at Home David Yawman is the SVP & Deputy General Counsel of PepsiCo, and General Counsel North American Beverages and Quaker Foods NA. He has 18 years of in-house public company operating division and global markets experience.   He works extensively with his organizations C-Suite executives and the audit committee of the company’s board of directors. David Yawman Bio Keys to In-house Success: Know the business, how the company makes money. Translate your knowledge of the law and the business to influence the decisions being made. Expertise, Value, and Diversity: key components of PepsiCo’s decision-making process. Betting on both the horse and the jockey:  when investing in legal tech, to ensure it’s implemented properly. The Competition is Daunting: the events of 2008 resulted in a new normal on costs. They value partners:  who share in the pressures they are under, who show an understanding of their business and are ready to execute. Advice: be an expert in the legal matters, do your homework on the client’s business, and be patient while listening holistically to what is occurring. Life is a journey: an accumulation of experiences – try to learn something new each day. This episode is sponsored by Diversity Lab:

A Full-Service Approach Anjli Garg, is the Director, Associate General Counsel, Citibank, NA.  She works with her organizations largest global institutional clients providing counsel on global B2B cash and card payment businesses.  She practices in a variety of legal disciplines including privacy and data security, internet/e-commerce, IP, bank regulatory, securities and bankruptcy. Anjli Garg Bio Keys to Practicing In-house:  Flexibility; adaptability; listening and hearing the goals of the organization, and being strategic when advising the business. Outside Counsel Selection:  Is based on legal expertise, cost, and whether the lawyer has a business mindset and can employ a diplomatic approach.  Law is a Service Industry:  Counsel needs to be responsive, employ a practical approach, be concise, and engaged.  Strong people skills and emotional intelligence are key. Value:  Lawyers should prepare and communicate their value concisely, highlighting differentiators that address the client’s need. Last Word:  Understand the value you bring to the table. Know yourself and how you can assist clients. This episode is sponsored by Axiom:

The Need for Blended Legal and Business Advice. Mackenzie Phillips is an Executive Vice President and Chief Corporate Counsel at JLL.   Prior to assuming this role formally, she was in the same role as a member of the Axiom Legal team.    She also advised Orbitz Worldwide on governance and security matters while at Axiom.  With additional experience at both Winston & Strawn and Mayer Brown as a Corporate Associate – and as an intern to the Deputy Counsel to the President during the Clinton administration, she’s able to draw from a variety of legal environments as we discuss legal business development and client retention in today’s market. Mackenzie Phillips Bio Relationships, Relationships, Relationships: Be deliberate about spending time with the people you’ll be working with the most. Mackenzie’s 4 Cs: Connection: bring your authentic self to work Communication: have clarity of message and understand your audience Command: show credible expertise and the confidence to express it Composure: resiliency around the task at hand and demonstrating judgment Input needs to be swift and timely: 80% is often good enough when making a decision to move forward or not. Plug and Play: by getting to know a firm’s specific specialty they know, whom to call when that specific issue comes up. Give us options: when it comes to legal tech and outsourcing provide 2 or 3 different levels of service and pricing. Axiom Law: innovative and disruptive.

Lawyer to Lawyer Selection and Fee Negotiation is History  Ricardo Anzaldua served as EVP and General Counsel to MetLife until June 30th of this year.   He is currently serving as special counsel to MetLife’s CEO. Prior to joining MetLife he was an SVP and Associate General Counsel at The Hartford Financial Services Group, following a partnership at Cleary Gottlieb. Ricardo Anzaldua Bio        Episode Highlights  Law Firm Business Development: The days when an in-house lawyer chooses an outside lawyer and pays what the lawyer is asking are gone. Legal Tech and Legal Services Outsourcing: Clients will no longer pay for repetitive and formulaic work being done by counsel at any level – where legal tech and legal services outsourcing should be employed. Legal operations and procurement: Will be part of the structure within ALL in-house legal departments before the end of the decade.   Hiring outside counsel: We’re hiring outside counsel for a specific expertise and creativity, diversity of thought and perspective. Most career illuminating experience: The transition to in-house counsel.  Gaining an understanding of business and the drivers of business, the need for efficiency, flexibility, and adaptability within the legal department. Diversity: Requires retention and elevation of diverse candidates. Future legal leaders: Need to be selected and developed using a process. Last word: Lawyers are advocates for justice in society it’s important to ensure the integrity of the profession. This episode is sponsored by Axiom Law:

Bridging the Law Firm Generation Gap Professor, Scott Westfahl, is the Director of Harvard Law School Executive Education. He leads his organization in their mission to support and develop lawyers across the arc of their careers as they advance to new levels of leadership and responsibility.   He teaches law firm leaders, partners, associates and general counsel – collaborating with his colleagues and other school faculty. Prior to his current position, he was the Director of Professional Development at Goodwin Proctor. Scott Westfahl Bio Generations experience the same motivations It’s the context in which each generation operates that is different The millennial generation is the most transparent generation that ever existed The power of a collective voice with a vehicle to express it publicly/openly Mastery, meaning and purpose, and a laser focus on client service as consumers A creative idea – seconded associates and design thinking Invest in an individuals strengths vs. areas for improvement…for real This episode is sponsored by Axiom Law:

Putting An End to the Mundane  Today’s guests are not only leaders in the field of legal operations – but are on the forefront of transforming the legal ecosystem – through their leadership within CLOC – the Corporate Legal Operations Consortium. The first of two guests on Episode 76 is the Chief of Staff and Senior Director of Legal Operations at NetApp and CEO of CLOC, Connie Brenton.   Connie has a JD and MBA, starting off her career in operations and subsequently legal operations at Sun Microsystems, Oracle and now NetApp.    She’s passionate about the need for transformation in the legal industry, through the use of technology and the application of tools, programs, and processes for greater efficiency. Connie Brenton on LinkedIn Joining Connie is Mary O’Carroll, the Head of Legal Operations, Technology and Strategy at Google. Transitioning from a career in investment banking and consulting Mary experienced law firm life joining Orrick in 2003 as a Profitability Analysis Manager – an experience that 5 years later led to her role at Google. Mary Shen O’Carroll on LinkedIn Within legal operations, change management is a daily activity. Having the data has allowed in house counsel to be run in-house legal like a business. Legal Tech vendors, make your solution easy to understand. Be clear as to how it will allow in-house legal to be better, faster and more efficient. Today members of the legal ecosystem are co-creating solutions – law firms and in-house legal departments are working with legal technology and legal outsourcing companies to deliver solutions that work and are more effective. By adding technology and right sizing in-house legal departments the mundane work has been redirected allowing more creative work to take place. The thread of CLOC is the inherent challenge of change management. Law firm operations professionals share that challenge. We’re experiencing a tipping point within the legal ecosystem. It’s critical that legal tech firms and legal outsourcing organizations understand the business of the in-house legal client. Law schools are a critical component of the legal eco system. More and more law school graduates are heading straight into business – they need the skill set to ‘get the job and keep a job’ when they graduate. In 2027 the information accessible to the ecosystem as a result of strong data collection is likely to allow a price check on legal matters at the push of a button. This episode is sponsored by Axiom Law:    

And the Practice of Law COO of Goodwin, Michael Caplan manages his firm’s business, financial and administrative operations – focusing on growth strategy and execution.   He’s worked with over 30 different General Counsel during his career – many while running a legal operations consulting business.  Michael Caplan Bio  Today’s law firm environment is more competitive and relies on preferred panels making differentiation throughout the entire business development process more important. Firms and lawyers benefit when they talk about the business of law AND the practice of law. Professional staff today has more opportunities to drive revenue and manage risk for the firm. Making investments in clients is not about discounts – invest in the risk. Offer capped fees tied to milestones with both discounts and success fees. Have an ongoing dialogue on project management and scope with your clients. Law is a service business. Law firms need to be working WITH their clients on matters, the law, and the business of law. Demand for Big Law is 0%; the demand for litigation is -%, taking business from other firms requires differentiation. The bottom line on business development: find ways to invest in clients and differentiate your firm.

Driving In-House Legal Strategic Decision Making The Head of Legal operations at The Gap, Mike Haven is on the cutting edge of legal department management, creating, implementing and developing some of the industries most innovative policies, procedures, and tools.   He came to his role from NetApp where he managed legal operations and litigation across the enterprise.   Prior to joining NetApp, he was a partner at K&L Gates. Mike Haven Bio Today the legal eco system is a fundamental part of an effective legal department strategy. Looking for flexibility and creativity in fee arrangements that help them manage their budget. They are very open to potential partners presenting metrics to help the in-house department be creative and pivot. When making sourcing decisions it’s the outlier qualities that make a difference. Proactive, productivity improvement suggestions from law firms would be very welcome including sharing client specific relationship metrics. Looking for creative value based fee arrangements that define value in a way that translates. Change is occurring in an enormous industry that needs to change and improve. This episode is sponsored by CLOC the Corporate Legal Operations Consortium:

Both Offer Advantages for Litigators Geoff Frost is the Director of Client Development at Bondurant Mixson & Elmore. He’s responsible for directing his firms business and professional development activities including structuring and pricing alternative fee arrangements and managing the firm’s corporate recoveries program. Geoff Frost Bio  Instead of teaching lawyers to sell – educate business developers on representing the firm. Sales people unencumbered by the billable hour. Can confidently and competently represent the firm in the market. Today business development is one of many other professionals in the legal ecosystem. AFAs are not intended for a single instance and aren’t about one side making out much better than the other. Firms will do well on some – and not so well on others. Clients should want a fee arrangement where the best lawyers are compensated above their hourly rate. Create an environment that rewards success and efficiency. Legal business development can help relieve some of the pressure to bring work into the firm. Bottom Line: Let lawyers practice law and business people practice business.

Using Design Thinking with Dan Yi Daniel Yi is Senior Counsel for Innovation, at the Department of Justice, Civil Rights Division.  His work helps attorneys explore new approaches to persistent operational and mission-delivery challenges using innovation and creativity.   He also leads an incubator program called Concept Lab where legal professionals use design thinking and lean methodologies to make improvements. Dan Yi on LinkedIn  Dan has an intense curiosity and fascination for learning how smart people see and engage with the world. Even with 11K attorneys, resource allocation at the DOJ requires on going effort. Trial prep is stressful; there are lots of tasks, lots of terms, and time is limited.   Applying design thinking a Kanban board was used to outline workflows, and monitor progress including classic daily scrums. A lawyer’s predisposition to identify risk and a cultural reaction to the risk of change multiplies the traditional product adoption curve. Prior LeftFoot guest, Lucy Bassli of Microsoft – commented that change is about people, processes, and tools – in that order. With outside vendors, you see the tool first.   The vendor may say it solves our problem but has the vendor taken the time to understand our problem? Can we test and evaluate whether it will solve the problem we intended to solve. Problem framing, will they use it and can we maintain and improve it into the future. Today we’re seeing a shift in the legal world to a people and client centric view.  Dan and others are looking to create a legal system that is less complicated and does not require retaining a high-cost guide. In-house legal counsel has been clearly communicating to outside counsel the need to present work product more in line with what they need in the way they will ultimately be using it. We are living and working in a time of tremendous and rapid iteration. This episode is sponsored by CLOC (Corporate Legal Operations Consortium):