Taking Technology's Measure

Reprinted from the March 2002 issue of "Lexpert, the business magazine for lawyers." Used with Permission

Complex Food, Simple Wine
by Dan C. Felean | Printer Friendly Version

While we often read glowing reports of lawyers who are plugged in, wired or wireless, and using technology to the max, the truth is that these “power-users” represent only a small percentage of any law firm. So why aren’t more lawyers embracing the latest tools to advance their practice and advance over competitors? Solving the puzzle of how to get the “silent majority” of lawyers to take advantage of more information technology has been a fertile topic for many consultants and experts. Some say lawyers are too stubborn or too proud to learn new ways; some say the conservative legal profession resists change; and some conclude that certain lawyers just seem to be technologically impaired.

The (Partial) Myths
First, we need to dispel some common myths. It is a common misconception that lawyers lag behind in technology because they somehow cannot accept change. Certainly, most people get comfortable in their ways, and lawyers are no exception. But in reality, lawyers have proven quite adept at responding to change when it affects their client’s interests and professional responsibilities. When we look at how quickly lawyers adopted dictation, cell phones and e-mail, it is clear that technology itself is not an obstacle for most. Certain technology has greater resonance with the legal profession, especially when it meets a lawyer’s individual needs and interests. While some are more open to certain types of technology than others, only a very small percentage of lawyers are technology-averse. As to the faults of human nature, there is no denying that lawyers, by training and practice, are a bit more vocal and stubborn than the average layman. Yet no one should expect that a lawyer would not defend his position. The busy professional develops his or her own methods of efficiency and effectiveness. Any technology tool that hopes to supplement or replace these methods must demonstrate how it better serves the needs of the individual, not just the firm. There is no single answer to this puzzle. But looking at what technology has worked in the legal profession confirms my belief in a fundamental principle that will help you with all your information technology decisions. I borrowed it from an old wine-tasting brochure. It says: “…to help optimize your pairings, keep this guideline in mind: Simple food, Complex wine—Complex food, Simple wine.” Put in our context, this means: complex tasks require simple tools, and simple tasks benefit from complex tools.

Complex Tasks
There are subtleties, complexities and intensities in a law practice like in few other businesses. Clearly some tasks require a great deal of concentration and focus, while other tasks are relatively routine. It makes sense that the more complex the work, the less time and attention one has to devote to things that do not directly advance the current issue. As available time decreases, the need for simplicity increases. So, for complex tasks, a lawyer needs to use tools that assist him or her to do the work without interrupting or sidetracking the work process. In this context, simplicity is somewhat subjective. It means that the use of the technology becomes so second nature that it becomes almost “transparent” to the user. For example, a lawyer in the midst of drafting a complex brief could easily make a phone call to a colleague without stopping to figure out how to use the telephone. Transparent technology can be learned and used without a great deal of forethought or diversionary effort. Early examples are telephones, photocopiers and dictation equipment. These were followed by cell phones, e-mail, and of course the Internet. These technologies have become ubiquitous among lawyers, at least on a basic level of operation, because they do their job and get out of the way.

How is it Better?
Until the emergence of Internet technologies, the Dictaphone was probably one of the greatest automation success stories. Why? It replaced the prior standard, the yellow pad, without sacrificing ease of access or mobility. It was easy to learn, offered quick access, and was intuitive to operate (forward, reverse, record, play—any questions?). In addition, it provided the ultimate “common user interface” (just talk into the mike) for creation of documents, recording client charges, scheduling appointments, retrieving files and delegating tasks. It added value to the professional’s time. For this reason there was high motivation to use it and a downside consequence to efficiency for those who didn’t. Web-based technology and e-mail have many of the same attributes that quickly lead to almost universal acceptance. A Web browser offers simplicity, consistency and predictability to create an offhand transparency. It provides better access to more information with less effort, and since every child can teach his lawyer-parent how to use one in a few minutes, the start-up is painless. The browser succeeds because it aims for the broadest common denominator, not just specialists. If you wish to create a reasonable likelihood of success with a new technology system, whether it is a sophisticated knowledge management system or a simple information capture tool, the new system must meet these transparency criteria.

Simple Tasks can Benefit from Complex Tools
While simplicity and transparency are important, the converse guideline is also true: simple tasks can benefit from complex tools. This is especially true in high volume or highly trafficked work. A small group using intelligent tools can handle many high volume or repetitive tasks quicker and more efficiently. This is the underlying principle of automation efficiency going back to Ford’s assembly line. The processing tools can be relatively complex, like those that generate real estate closing documents or generate and track corporation documents. In return for investing more time in a more complex technology process, the user-specialist directly benefits from greater efficiencies, higher productivity and reduction of tedious work. Indeed, some law firms and corporations have tacitly recognized the “commoditization” of some areas of practice, and they are together using complex technology to lower costs of performance and mutually improve profitability. Looking forward, complex technology will soon be needed to help cut through the clutter of information that threatens to paralyze the practice. Communicating and transacting business through e-mail has become increasingly difficult as mailboxes become clogged with a wide range of materials. Similarly, finding relevant information on the Internet has become increasingly harder as more sites vie for attention. Unless law firms can adopt more complex technology, such as e-mail filters and Googletype relevancy algorithms to sift the flow of clutter, these essential tools will someday become unworkable. Complex technologies will play a valuable role in keeping the complexity away from the user.

An Active Role for the Silent Majority
We have been conditioned to equate more features with more power and value, but often the opposite is true. Success must also be measured by participation. A simple technology tool that engages the participation of 80 per cent of the firm can be much more powerful than a feature-loaded tool that attracts only a few. In knowledge management and collaborative initiatives the broader participation is even more important and serves to magnify the value and contribution of even the simplest tools. Representatives of this “silent majority” of average, non-technical lawyer population must be recruited to law firm technology committees or act as a separate technology advisory board. Only then will a firm be able to make technology decisions and selections that harness the collective strength of the firm. After all, if you want your technology customers to drink the wine, shouldn’t they have a say in selecting what suits their food?

Dan C. Felean a principal of PensEra Knowledge Technologies, a national consulting firm that specializes in knowledge management strategies and technologies for law firms and corporate law departments. See www.pensera.com .