Seth Rowland

This Blog addresses the use of document assembly in the Corporate Law Department of a large firm.  It explore the type of documents in such a department that might be amenable to automation.

The chart below shows a range of documents that form the bread an butter of a corporate law department providing general business and transactional advice. Each of the documents below can involve anywhere from 10 to 100 hours to draft. Once automated, a solid high-quality first draft of these same documents can be produced in less than 30 minutes, dramatically increasing the firm’s competitive edge and opening the possibility of substantial profits from value billing.

TABLE KEY:
Value measures the value of the document in terms of potential markup based on time to do the document without automation. High would be over five thousand per document; moderate would be over a thousand; low would be in the hundreds per document.
Volume is the likely volume in a given year. Low would be once a month; Moderate would be once a week, High would be daily or more frequent.
Investment is the amounts of time it would take to automate the document to 90% effectiveness. High would be over 250 hours. Moderate would be over 50 hours. Low would be anywhere from an hour up to 50 hours.
Document Type is the name or category of documents that to be automated

I have been asked recently to prepare a White Paper on Document Assembly as applied to a large Wall Street law firm, with a sophisticated and diverse corporate practice. This article will launch a series of articles that will take you through a law firm, department by department and identify those areas that are ripe for automation.

Related Link: For further review

I am myself a creature of Wall Street.  That is where I got my start as a lawyer; it is a place that defines my view of the practice of law. It is a model, not the only model, that delivers exceptionally high work product and dedicated client service.

It is an area of the law practice that is exceedingly profitable.  Partners charge upwards of $1000 per hour at premium rates or sometimes, a sliver percentage of very large transactions.  The expectations of these clients is nothing less than perfection itself.  And for that perfection, they pay.  Profits derive in many of these cases from the raw talent of the lawyers combined with very long work hours.

It is my position that the profits of these firms (revenue minus costs of delivery of services) could dramatically increase with the judicious use of document assembly; that these law firms could increase their profits while at the same time decreasing the prices they charge for defined services.  These profits would come with increased consistency of quality work product; faster turnaround of critical business documents; increased client satisfaction; and even increase attorney satisfaction.

This series of articles will make the case on a department by department basis, through a typical (if that is possible) Wall Street law firm.

Special Feature by Rose Rowland, Basha System LLC on plain english, manuals, and verbal brutality towards Basha staff

A few years back, the SEC, in an attempt to make prospectuses and other stock offering documents intelligible to those without a financial degree, regulated that all main offering documents had to be written in “Plain English.” They then created a manual to teach us all how to write in Plain English. Frightening thought, isn’t it? At the time, I was a paralegal working in private securities offerings and I was rather impressed with this idea.

A few years later, I am a partner in Basha Systems LLC and I am striving to bring the concept of “Plain English” to our document assembly and case management systems. Basha Systems, as many of you know, creates wonderfully innovative and interactive document assembly systems that can pretty much create any kind of document you would like. The dilemma with complicated systems is how to make them palatable to the non-computer professional.

This is where I come in. While new to the world of programming, I feel that I bring a unique insight to Basha Systems that might well be lacking in other computer consulting companies. I have not forgotten how frightening and frustrating the learning of a new computer program or system can be. At Basha Systems, I am in charge of the Quality Control and Manuals for all of our document assembly and case management systems.

I am absolutely brutal – as both Ian and Seth will attest. If a prompt is not absolutely crystal clear on a first reading, out it goes! If I find that any part of our system seems to be the slightest bit difficult to maneuver, back it goes for retooling. No obscure computereze is allowed in any manual written by Basha Systems. My feeling is that if you can’t pick up a manual, follow the instructions and begin to use the system immediately, we have not fulfilled the standards of Basha Systems. And, our standards are very high.

Not only do we strive to create systems with all of the cool technological bells and whistles the client desires, we also strive to create systems that anyone can use with an absolute minimum of training. A document assembly or case management system that’s too complicated to use is a system that won’t be used.

The key to a successful implementation of document assembly is an intelligent markup. The key to an intelligent markup is a solid understanding of the subject matter which is being marked up; as well as an awareness of what “can be done” with document assembly.

Of Forests and Trees

The old “saw” goes, “can’t see the forest for the trees”. And the converse is “can’t find the trees, all I see is forest”. In document assembly, you need both the “helicopter view” and the “hiker’s view”. You need to see the overall lay of the land, where the document is going, how it’s flowing. And then, you need to get down on the ground and start sorting and culling.

Lawn maintenance

With the coming of spring, lawn maintenance is something on my mind. The sytems I built need a spring cleaning and refresh. Over the winter of use these systems can become stale. Like a lawn, you can let everything grow will. Better to run the law mower once a week. When cut to 2 inches height, weeds and grass look a like. You can rip up the whole lawn, an reseed with fresh kentucky bluegrass. Or, you can apply fertilizer and selectively apply weedkiller to find those troublesome patches.

In document assembly, you need to do a bit of everything.

Regular Mowing Like the lawnmower, you need to sweep through the document, getting all the obvious issues and gaps. Run assemblies (if you have done partial automating) and identify what is missing.

Apply Fertilizer: Go through you document on a regular basis and apply enhancements. Each time a new issues arises look where you could have addressed an issue better, applied more nuances.

Remove the Weeds: There are portions of your document that will just not work. You try to tweak the code, a little here and little there. But there are some blocks of code that just don’t work. They create eyesores that you are constantly deleting in the finished document. Remove these items, from the document, from the interview.

Reseeding a Patch: Sometimes, an Article in a Contract just needs to be rewritten. The language is stale. There are too many codes in the paragraph for one to figure what the hell you ever meant. In these circumstances, it is better to start from scratch.

Extending the Lawn: Look at your current systems. Did you go far enough. You are gathering data on a lease, but how come you haven’t created a term sheet generator or an abstract generator. Take the next step and build on what you created. What is the next logical document to automate. There are economies of scale in document assembly, and there is the “marginal cost of production”. The marginal cost of building the next document in a practice set is much less than the initial document cost.

Planting Garden Lawns are well and good. They are fun for croquet and games of catch. But gardens are what bring “fruits and vegetables” to the dinner table or “flowers” that bring value to the house. Consider taking what you have built and planting a garden. Let your clients know what you have done with these systems so they will want to give you more work and refer you to their clients as a lawyer who “gets it.”

A Tool To Consider – DealBuilder

I have written extensively about HotDocs and GhostFill, but not said too much about DealBuilder. DealBuilder, as a webhosted platform, which ships with a product called DealBuilder Author and DealBuilder Express.

These are the authoring environments for the DealBuilder Server. Until DealBuilder or one of its resellers offers DealBuilder on an ASP model, you will need to get a full license to DealBuilder Server and have the infrastructure and IT department to support it. Once you do, you will find that DealBuilder lets you do your infrastructure redesign right in the template. The Author engine validates the document, and renders conditional scripted dialogs on the basis of the nesting and scripting in the template. It also offers you the ability to “drop in” a data dictionary of terms, so that variables can be easilly reused across templates. As we evaluate DealBuilder more closely, we will post further information in the DealBuilder section (http://www.bashasys.com/dealbuilder/index.html) of Basha System’s main site.