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To Law 2.0 and Beyond The Shape of Things to Come

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To Law 2.0 and Beyond The Shape of Things to Come. Jeffrey W.Carr FMC Technologies. Or. Or. But Decline as % of Sales. Total Legal Expenses Increased -- Now Trending Down. Performance Benchmarking. Our Vision. We are not lawyers. - PowerPoint PPT Presentation
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Innovative Technologies, Creative Solutions To Law 2.0 and Beyond The Shape of Things to Come Jeffrey W.Carr FMC Technologies
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Page 1: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

To Law 2.0 and BeyondThe Shape of Things to Come

Jeffrey W.Carr

FMC Technologies

Page 2: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

Or ...

Or ...

Page 3: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

3

Total Legal Expenses Increased -- Now Trending Down

But Decline as % of Sales

Legal Expenses

0.000%

0.100%

0.200%

0.300%

0.400%

0.500%

0.600%

2002 2003 2004 2005 2006 2007 2008 2009

Year

Perce

ntag

e of S

ales Ext$/Sales

Int$/Sales

Legal Expenses

$-

$2,000,000

$4,000,000

$6,000,000

$8,000,000

$10,000,000

$12,000,000

$14,000,000

$16,000,000

2002 2003 2004 2005 2006 2007 2008 2009

Year

Ext-Gen

Ext-Lit

Ext-IP

Internal Expenses

Page 4: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

4

Performance Benchmarking

Category FMC Technologies

Mean Median

Exp/$Rev 0.284% 0.865% 0.497%

Int/$Rev 0.061% 0.215% 0.131%

Ext/$Rev 0.222% 0.609% 0.302%

Lit/$Rev 0.117% 0.297% 0.214%

IP/$Rev 0.083% 0.095% 0.11%

Total Legal/$Rev 0.330% 1.174% 0.809

Avg In-House $/Hr

$167 $212 $197

Avg Ext Cnsl $/Hr $250 $400 $385

Attny/$B 2.86 6.78 6.85

Legal Heads/$B 3.96 8.92 6.66

Page 5: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

Our Vision

• We are not lawyers.

• We are business people with legal training forged into a cohesive legal team committed to the success of FMC Technologies through focused effectiveness, relentless efficiency, constant improvement, creative disruption and unyielding integrity.                              

5

Page 6: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

6

Our 1º Law™ Tool Box

• Integrated matter management – Serengeti

• Performance based pay – ACES

• Early case assessment – Decision Pro

• Streamlining process – P-Card, Serengeti, Sharepoint

• Driving Performance – Meaningful metrics & Snapshot

• Delivery/Execution – Project & monthly MPR

• Leveraging internal knowledge – Sharepoint

• Leveraging external knowledge – Legal On Ramp

• Leveraging resources – “Cook Book”; Guidelines

• Leveraging time/space – Webex; Telepresence

• Continuous Improvement – L2A2

Page 7: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Matrix

IUrgent

Important

IINot UrgentImportant

IIIUrgent

Not Important

IVNot Urgent

Not Important

Page 8: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Circle

Avoid

Manage/ResolveEfficiently

Lessons Learned

Page 9: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Arrow

HealingDenial Anger Resignation Acceptance

Anarchy: Old style, silos, rules don’t apply to law

Cost focus: Supply chain management

Cost Focus: Reduce number of firms

Aggregated buy

Value Focus: Alliances, Partnering

Best practices

Value Extraction: Leverage

Page 10: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Atom

Experts

Lawfirm 1

Lawfirm 2

Legal Content/Research Provider

FactHolders

ProfessionalService

Providers

Lawfirm 3

In-housecounsel

Page 11: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Pyramid and the Funnel

vs.

Document Processors

Associates

Partners

$

Volume Centric Focus on Hours or

$/page

Value CentricFocus on leverage or

key info

Page 12: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

Bespoke CommoditisedStandardised Systematised Packaged

The Arrow – Redux

Hourly billing Fixed feesCommodity

pricing, tendingtowards zero

Marginal costs of delivery reduce

Source: R Susskind – “The End of Lawyers?”

Page 13: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Cloud

Customer/Client

Lawfirm 1

Lawfirm 2

Legal Content/Research Provider

Fact Holders

Professional ServiceProviders

Experts

In-housecounsel

Page 14: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Matrix Revisited

I

Advocacy

II

Counselling

III

Process

IV

Content

Page 15: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

Future

Fixed Fees

Budgets with Implications

Risked

Hourly Rates/ Efficiency

Expectations

Recent

Fixed FeesBudgets with Implications

Risked

Hourly RatesNo Budget Implications

The Pyramid – Stacked AFA’s

Page 16: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

• Variable (aka Non-Transformational)

– Discounts

– Blended Rates

– Freezing Rates

– Budgets w/o Implications

• Value (aka Transformational)

• Fixed Fees

• Budgets with Implications

• Risk Sharing

• Efficiency Expectations

The AFA Table

Page 17: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Arrow -- Again

Page 18: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The FMC Litigation Value Challenge

Page 19: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

1° Law Litigation Value Challenge

Forum Objective Format Decision

Ph

ase

II

Ju

ne

20

09

Ph

ase

III

Au

g –

Se

p

20

09

Ph

ase

IM

ay 2

00

9

Legal OnRamp

This is about cultural fit,

innovation and capability

2 Page Yes/No Questionnaire

1 Page Excel Table Plus 140 character

“Tweet”

Indicative ACES Budgets: This is not an auction. It

is about value.

Private online

Selection based on interactive chemistry and

impact

Discretion of Firm – 10 topics suggested

In person meetings @ FMC

6 firms selected

Qualification

Economics

Wow Not Woo Meetings

16 Firms selected

52 Firms responded 32 selected

Page 20: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Challenge – Phase I

Page 21: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Challenge – Phase 2

Page 22: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Challenge – Phase 3• 33 firms invited to use Twitter and send a “Tweet”

– 140 characters or less

– What makes you different?

– Why should we meet you?

• 16 firms invited to “Wow not Woo” Face of Face Meetings

– Format up to firm

– Memorable moments

• Poem

• Video of the making of the tweet

• Role play of intake meeting

• Process mapping

Page 23: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

The Decision

• The Team

– Beirne Maynard

– Fulkerson

– Littler

– Seyfarth

– Summit

– Sutherland

– Valorem

– Womble

• The Structure (TBD)

– Plan A

• JV to leverage capability – Plan B

• Shark Tank (mini-RFPs)

Page 24: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

24

Your Future

This?

Or This?

Page 25: To Law 2.0 and Beyond The Shape of Things to Come

Innovative Technologies, Creative Solutions ™

25

“If you dislike Change, you’re going to dislike Irrelevance even

More.”

US Army Chief of Staff, Gen. Eric Shinseki


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