What a law firm is

01

A law firm must generate fees to operate. The conflict of interest is structural.

A law firm is built to solve matters, not to become the memory of the client organization. Hourly billing prices work performed, not capability retained. The firm is rewarded for effort. The organization gains when the next matter needs less of it.

What a law firm is

02

Every matter sent outside must first be explained.

The business, its history, what was tried before, what nobody wrote down. Context leaves in briefings and comes back in memos, and something is lost each way. This is the briefing bottleneck, and most of what it costs appears on no invoice.

What a law firm is

03

Instructing outside counsel can move the responsibility along with the work.

An outside opinion is a defensible basis for a decision, which is sometimes exactly what a matter needs and sometimes a way of not deciding it. That is the principal-agent problem, and better counsel does not solve it. Work kept inside offers no such cover.

What a law firm is

04

The middleman has noticed.

Under all three sits the reading, and buying it by the hour was the main reason the work left the house. The argument inside the firms now is how to price work the hour no longer measures, which is what an intermediary argues about when part of its work can be done without it.

What changes

05

When the reading is done in the house, the memory of it stays in the house.

AI systems can now do much of the first-pass reading, extraction and comparison, and what they read accumulates. It shows which terms cost the organization, which disputes keep coming back, which questions get answered too slowly. That is where to put the attention.

What changes

06

A dispute is decided in part by who understands the record first.

Standard questions are answered the same day. The record is gathered in days, not months, and yields the two or three findings the matter turns on. A party that knows where its case is strong can settle from strength. Read across a year, it shows where practice is tightening.

What changes

07

The picture moves as the matter moves.

A dispute is a system of moving parts: a notice period, a finding that may or may not be established, an amount that moves with it, a date that limits them all. On one page that picture is whole, and when a deadline passes or a term is conceded the consequence is visible at once.

What counsel is for

08

An organization that keeps its own record can brief outside counsel in an afternoon.

The briefing bottleneck runs in reverse. What the organization buys then is judgment and a sparring partner for the people who have to decide, rather than the weeks of teaching that used to come first.

What counsel is for

09

Reading can be handed to machines. Judgment cannot.

A model can produce advice. It cannot be a defendant. Someone has to decide what the reading means and stand behind it, in front of a court, a regulator or a board. That is what is still worth buying from outside, and it is a narrower thing than what is sold today.

dare topivot

Jonas Hertner