BDO's Legal Tech TalkReimagining Legal Tech: Continuous Improvement and AI
About this episode
Daniel Gold and Jared Crafton talk with Rich Robinson, Director of Legal Operations and Litigation Support at Toyota and a longtime friend of Daniel's. Rich explains how an early career in social work shaped the way he works with attorneys, why active listening and storytelling matter in legal operations, and how the Kaizen approach to continuous improvement guides his view of generative AI.
Key takeaways
- Rich's social work background taught him to look past an attorney's frustration to the root problem and to work through it together.
- Active listening, storytelling and authenticity move the needle in any career, and introverts can build those skills deliberately.
- Short, unplanned conversations in the office often accomplish more than scheduled meetings.
- Kaizen means mapping the whole process first and changing the step with the greatest impact, which is not always technology.
- Rich sees most legal technology as sustaining innovation, with generative AI as the exception that will change the game.
Full transcript
Transcript from BDO's published episode, edited for transcription errors. Speaker labels added by Gold Standard Leadership.
Welcome to BDO's Legal Tech Talk podcast. We're joined by judges and legal professionals to discuss emerging trends, regulatory updates, and the latest headlines.
We'll provide tips to help your law firms and legal departments make the most out of legal technology.
Hi, everyone. I'm Jared Crafton, BDO's forensic technology practice leader.
And I'm Daniel Gold, forensics principal and leader of the eDiscovery managed services practice.
Let's get started with this episode's exciting topic.
Welcome back to another episode of BDO Legal Tech Talk podcast. Jared, very excited to welcome to the virtual recording studio, Rich Robinson. And, Jared, I don't know if you know this, but Rich and I go back well over a decade, and I think I just dated myself, Jared. I think that's what just happened.
Anyway more than a decade old, Daniel?
Yeah. Yeah. Yeah. We've been in this business way too long. Rich Robinson, welcome to the program. Thank you so much for being here.
Thanks for having me, Daniel. Nice to meet you, Jared.
You as well.
It is good to have you here. Having known you for as long as I have, it is truly a delight to have you here because one of the goals that Jared and I, you know, were really looking for out of this recording here today is to really have all of our listeners kinda get an idea as to, you know, understanding of, you know, your thoughts on, you know, technology execution and implementation inside of a legal department. But also, there's also a lot more to what you do and what makes you so special in my mind, at least, is that, you know, your conversations around leadership and mentoring and professional growth, your posts on social media are fantastic and, really delighted to walk into this. But before we even get any place there, Rich, why don't you tell everybody a little bit about, you know, who you are, where you work, what you do, and kinda set the stage for us.
I'm the director of legal operations and litigation support for Toyota Motor North America. I've been there about five years and kind of wear two hats, right? On the one hand, the legal operations, legal technology, and then on the other, the eDiscovery and litigation support side. Like I said, I've been there for five years. Prior to that, I was the director of eDiscovery and information governance for seven years. So I was there dating back to about two thousand twelve.
Prior to that, I spent a lot of time on the law firm side. It was mostly eDiscovery, lead support, or even going all the way back to my help desk days at a law firm in Boston.
You have for sure covered the gamut in legal. Right.
I tell people I walked the dark side for a little bit. I spent a year on the eDiscovery service provider space, with your friends in Overland park, Kansas.
That's right. That that is definitely going way back. And what's so fascinating is that you've been on the provider side, the law firm side, the IT side, the litigation support side, the legal operation side. There's really not a side you haven't seen here. And you've seen so many different profiles, if you will, and different people that you had to work with. I mean, if you were to, you know, put a big headline around, you know, some of your biggest lessons learned on how to work with people, over the years, you know, what does that look like?
If I'm being honest, I think it goes back to even predating my eDiscovery and my law firm days. Right? When I my degree is actually in psychology from Georgetown University and I spent the first years after college. I ran a group home for troubled teens for three years. So I always tell people that that was my training for dealing with attorneys was working with angry adolescents.
But I learned a lot about concepts of therapy and counseling like tabula rasa being a blank slate. So I learned about emotional intelligence and about being able to hear what the problem is rather than what they're telling me the issue is. Right? Not solving for specific issues, but solving for the actual root problem.
I find that your background absolutely fascinating, Rich. And and just learn the part about the group home, obviously. And and my I myself, I'm married to a social worker, and I really credit my wife for a lot of my emotional development, of course, as a human being, but even professionally, you know, just being able to come home and, you know, run things by her.
And then, of course, getting the perspective that, you know, my corporate issues really generally aren't that big of a deal compared to things that she's seen and done that day.
But, you know, I'm curious. You have, like, specific instance where, you know, you were you're dealing in a in a tough situation with a, you know, a client or provider or something and you're just kind of thought back to that group home and you're like, yes, I know how to handle this.
Certainly not that specific right where I'm like, yes, this is exactly what I dealt with when in the group home, the kid was running away. Right? You know, not so specific, but certainly those those concepts, those ideas about how to be how to be open and listen and engaged with the people that you're working with. Right?
I mean, I can't tell you the number of times early, especially early on in the career. And I feel like the industry has changed a lot where you don't run into as many attorneys who are screaming at front level workers. But that was the space that I grew up in, large law firms with partners and even associates who were just screaming at you because they had deadlines and you were not delivering data as quickly as they wanted. Right?
So walking into those scenarios with the mindset that I had from my counseling days really helped me through that, understanding that it wasn't me. Right? I'm not the issue here. There's a bigger problem, and I'm on your side.
We're actually gonna work through this together and get what you need.
Those are concepts that I certainly brought from my background and my experience in the social work industry.
One of the concepts to that point, Rich, you and I have talked about is this concept of active listening.
And you had some really great thoughts on this when we spoke about it a couple of years ago, and you're talking about the importance of active listening. And there's a level, if I recall right, there's a level of empathy that is required when you employ active listening.
Can you explain in your words, you know, active listening and also how that has helped played or contribute a role in some of your successes?
It all comes back to these interpersonal skills, right? Active listening is certainly one of them. Emotional intelligence, collaboration and ingenuity and adaptability, resilience, All of these concepts that are underlying social skills, interpersonal skills, what I've referred to recently in LinkedIn and the conference that I'm about to present in New York City next week is legal power skills. Those are the heart or foundation of the skill set that we bring to the table that allows us to excel.
And it's not just in the eDiscovery space, it's not just in the legal ops space, it's not just as attorneys. Right? It transcends all of those concepts and it's true for everybody in every career. Right?
These are the things that help us move the needle in our careers. If you're able to communicate, if you're able to listen and speak to the issues that are near and dear to that person's heart, those are the ways that you're going to engage and influence.
Leadership isn't about telling people what to do and when to do it. It's about being authentic and being trustworthy.
It's about encouraging and allowing people to be the best versions of themselves and everybody rises together. Right.
I love this message. I mean, I think, you know, you're hitting on so many concepts that both Daniel and I talk about all the time and I feel like our listeners really connect with. I'm fascinated by the legal power skills. I certainly want to hear more about that.
But it strikes me that in our industry and really just in the world, right? I mean, some people, a lot of these things, it's very innate to, right, how to connect with other human beings, how to you know, build relationships, nurture relationships. And then for other folks, and, you know, I don't mean to stereotype, I'm, you know, I'm a technology person as well. I'm fairly introverted outside of this podcast.
You know, how do you build those skills? If you're just coming into the workforce or maybe your first job, you know, how do you learn to do that in a professional setting where it's different than having friends, right?
Right. No, you're absolutely right. And it is it's difficult to find in the industry. There are ways to find it. You can go on Google, you can go on LinkedIn, LinkedIn Learning.
Some larger organizations do a really good job of creating learning sites for their employees to engage, not just on the specifics, right? Like if you're a retail organization or an automotive organization, right? It's not just about the specifics of your job, but you might be able to engage in other learning activities that are outside about leadership, about communication.
I tell people all the time, get on YouTube and just look up TED. Right? TED and TEDx.
There are so many fantastic eighteen minute videos that will teach you about the art of storytelling.
Simon Sinek and his start with why. Right? I bring that up all the time because when you're trying to communicate and influence, whether you're trying to influence your leadership and steer them in a direction that you want leadership to go, or you're trying to get your team and your employees to move in a certain direction, starting with why is the right place. Right? You've got to understand what their motivation is, what's their why, and then.
Tell the story in a way that engages them on their level and encourages them to move forward.
You, hit on probably my favorite author and also speaker. This is an audio recording, but Jared is laughing right now because Jared knows it's Simon's books behind me, and I talk about start with why all the time as well. So something else we have in common, Rich. And it's interesting.
And for those, you know, that are looking for a really good podcast on executive presence, I would recommend Amy Cuddy, her video as well. It's a bit of a tear jerker, at least it was for me, I'll be honest. Definitely worth watching. There's a couple of things you said I wanna come back to, Rich.
One of them was about how the industry used to be about, you know, attorneys as a generalization, you know, screaming down the hallway, I need this, I need this, right, etcetera. And then also talking about, you know, people coming in and, you know, learning these new skills. I think that there was a disruption that happened in the workforce, and that happened when the pandemic hit in twenty twenty. And I think that that that disruption changed, I think, the way that we have interacted with one another.
You know, Jared talking about how, you know, he's more of an introvert outside this podcast. And I think what we found was a lot of people became more introverted as well.
Working in a legal department, working in legal operations, having to navigate multiple relationships internally, get champions internally, and you're on this great progression. You're doing well, and things are humming along, and then boom, the world shuts down. And you have this massive disruption. Rich, what do you do in those situations? I know you have written about this before. I've read it. But, you know, for those that haven't read your article, you know, what do you do in those cases of disruption?
Fantastic question. You know, I started the pandemic looking for reading material. I kind of blew through everything in a very short time. And so I went back and started reading a few things, and I read Stephen Covey, Who Moved My Cheese. I actually really thought about, could I rewrite this or rewrite a shorter version of it, Who Moved My Cheese?
Because everything we were trying to accomplish was still the things that we were trying to accomplish. The cheese didn't move, cheese didn't change. It's just that our entire paradigm for how we operated changed. And it was something that we in the industry, especially in legal technology, well, in all technology, I think it moves so fast.
We're used to change. We're used to disruption. We're used to innovation. Sometimes we have to tear down entire paradigms and build them back up.
That was something completely different.
So from a tech perspective, I felt like my reaction to it and many others in the space was just as you expect. Right? We built a new paradigm for doing work remotely and it worked. It worked well for as long as we needed it to.
And now that paradigm is shifting back and we're starting to see certainly, you know, law firms were early adopters of the going back into the office. Right. A lot of law firms were almost too fast. Maybe that you'd hear some, certainly a lot of the younger attorneys would say. But much of the rest of the industry world has started to shift back to and we're seeing more hybrid roles, more, you know, three days in and two days remote and similar similar models trying away from the fully remote model that some people have stuck with, but a lot of people have shifted back into these. At least some portion of it is in person.
The tech isn't the issue. Right? Dealing with the ways that we handle that, we've already figured all of that out. But now it's this interpersonal issue, how we become collaborators and good employees and good employers and good leaders in this space where there's this hybridization and how do you reengage when you got used to being remote for so long?
I think a lot of people and myself included, you know, during the pandemic when fully remote.
At the beginning, it was it's kinda nice, you know, As an introvert myself, I enjoyed the ability. I felt more productive for a while because I was able to get all of my work done remotely. I never had a problem with not being able to do my work. My day flattened and spread a little bit. Right? I got up earlier or I started work earlier because I could roll out of bed and just be in the office.
And I ended up going working later or actually going back to work later, you know, after family went to bed, nine, ten o'clock, it was easy to just slip back into the office and do some work. I was even more productive in my personal life because it was easy to take a lunch break and accomplish a few things in the house. Laundry wasn't a weekend thing anymore. It was it was I just do it on a Monday because I had a free twenty minutes to just throw a load in right. So everything seemed to be working really well.
But after a while, you start to notice that lack of personal interaction, the effect that it has on people and the effect that it has on the team.
That serendipitous interaction in the office is so important.
So once we went back into the office and I started bumping into people in the hallway and saying, oh, I meant to ask you, have you got a chance to look at this, or did you do this, or can we talk about this later?
Fifteen second, thirty second interactions were more powerful than me writing a thirty minute long email and then scheduling a thirty minute meeting that didn't need to be thirty minutes, but I had to block time on the calendar to get it done.
All of that to say, we're still in this mode, right? We're still trying to redevelop a paradigm that works where you get that personal interaction and you get that distance and the ability to work from home that has been so productive and helpful for a lot of people.
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Your journey sounds very familiar. I think a lot of us, you know, really went through, you know, very similar things, and we're all kind of in different stages of coming out of that right now. And I know the three of us, you know, personally, a model of continual personal improvement. And, you know, we're always working on ourselves and reading and taking feedback and trying to get better. And I know you work for an organization that really has a corporate strategy around continuous improvement, Kaizen. And so I was kinda curious, you know, hearing your story personally because I know my journey, which was similar and everything that I was kinda working on to help me with that kind of flexibility to adapt to the changing conditions. Can you take a minute and just kind of tell us, you know, how an organizational strategy around continuous improvement, you know, helped you with flexibility, you know, for your organization?
Yeah. The concept of Kaizen or continuous improvement has been an integral part of developing how I approach situations both personally and professionally.
I think that one of the things that you learn, it's the lean concept. Right? Six Sigma, take these courses and you'll you'll learn about Kaizen and about Muda and eliminating waste and all of these concepts that are part of that, right? One of the things that you learn is that in order to Kaizen, you need to map your process, right? You need to understand all the steps that are involved in getting from a to z.
Right? What is it that you're trying to accomplish? What are you trying to improve?
Improvement for or innovation for the sake of innovation is, I think, a mistake that a lot of organizations make. They think that they need to be innovative, especially as we're approaching this area where AI and generative AI and LLMs are becoming so omnipresent in the industry.
There's this danger of people saying I need that, bring that into our organization or do something that uses LLM just so that we can say we're using LLM. Right?
But the key is to map your process and understand all the steps in the process and understand where can you make improvement that has the greatest impact on the result.
Sometimes it is technology.
A lot of times it's just a change in the process or a change in the people that are involved in the process. There are two forms of innovation, well there are multiples, but I usually break it down into the two primary ones, which I feel are sustaining innovation and disruptive innovation.
Right? And disruptive is when you tear down something and you put something in its place that completely changes the way that you approach a situation and makes it hopefully a lot better.
But sustaining innovation, that's what we do every day, is we just look at a process that we're doing and figure out is there some small change that we can make? Is there a little tweak in that process or in that technology? Can I add some sort of automation to it or add AI into that process or add some new web based or SaaS technology into that process to make it just that much incrementally better? Maybe save some of my people from doing tedious administrative work and free them up to do more meaningful work.
Right. That's the key. That's what we're trying to do most of the time. And so I think that that's where I try to approach my career and my personal life.
That's the innovation that I'm looking for on a daily basis is what small change can I make that is just going to make everybody my life and the life of the people around me just a little bit better?
For those that are aware of the innovation curve, there's the laggards. Right? And then there's the early adopters. The name of the actual innovation curve is actually escaping me at the moment.
But, you know, when you're talking about the two different kinds of innovation, you're talking about legal teams, you've often the legal teams are on the laggard side. Right? We're not often, you know, they'd be the early adopters. And yet what's so fascinating, and you brought it up.
I thought we'd escape an entire podcast episode without talking about, LLMs or generative AI, but it's interesting. So what is your opinion on why it is that for an industry that have historically, generally speaking, been known as being laggards? Right? And we take a look about some history.
We talk about technology system reviews as one very good example. Being vloggers to this. But yeah, with generative AI and LLMs, it's what you said, rich. It's like we have to have it just so we could say we've got it.
Why the switch all of a sudden though, Rich?
It's an excellent question.
I think that in some respects, attorneys see themselves as artists in a way. They're creatives.
Right?
And they've been somewhat hesitant over the years. Like, we knew that, you know, back in two thousand twelve when the RAND study told us that TAR was more effective than manual document review by trained attorneys, twelve years later, we're still doing manual document or linear document review by attorneys. It doesn't matter. They refuse to give up that ghost. Right?
But somehow generative AI comes on the scene and they're like, well, we've gotta have that. And suddenly you've got attorneys that are submitting pleadings written entirely by CHAD GPT and getting their hands slapped in court and blaming their paralegals for doing it right. There's a piece of that where they're, I don't know if I get many attorneys to say that they were artists, but, or creatives, but it is like writing content as an attorney is something that computers couldn't really do very well in the past.
And suddenly the understanding of language and the creation of language.
These are things that lawyers are particularly very good at. That's what their training is about, is understanding, breaking down complex content and then being able to summarize.
So I think it's encroaching on the space more than it ever has before, but I do still think that we're probably.
I want to say that we're close to a decade away.
It might be less than that. It might be, you know, maybe four or six years away from having truly being able to incorporate LLM generative AI into the process in a truly meaningful way. I think it's good supplementary.
I can definitely see use cases already for it, but truly bringing it into the process in a meaningful way, I think we're a few years away from that being accomplished.
It's the topic du jour. Right?
Oh, for sure it is.
You know, I'm sure you saw the smiles on Daniel and my faces when you were talking about innovating for sake of innovation and that mentioned generative AI because it comes up every day with our clients, right? And everybody wants to know about it, what they can do, and it is super powerful. And I generally agree with you, it's going to be a while. I think the use case I'm most excited about these days is just making complex data analysis accessible to people through language.
Right? And I you know, we're still a little way away from really making that a true reality, but that is truly, truly powerful. I think if you can bring, you know, complex analysis in some of these cases and just be able to interact with them like a human being, I think that's great. I'm curious what other trends you see the next four to six years.
I mean, it's I think you succinctly told us your thoughts on GenAI, but anything out there else that you think is, you know, disruptive or is really gonna change the game?
Like I said, I am not one to be looking for disruption.
I tend to be very skeptical of technology that is going to change the game.
I do think Gen AI is going to change the game. I think that we're in an inflection point from a technology standpoint. I just don't think they've figured out how to do it yet in a truly meaningful way. I think that's the tech that is going to change all the tech.
Outside of that, it's mostly sustaining innovation, right? It's taking existing technology and making it tweaking it, just making it a little bit better and more usable.
Rich, the topics that we've covered on this podcast today, you know, talking about active listening, emotional intelligence, executive presence, you know, and then also, you know, other areas like looking at mapping appropriate processes with people, maybe not always looking at technology first.
These are all the reasons why we wanted to have you on the podcast recording here today. This has been really very grateful to you, Rich, for your expertise, for your knowledge, and for being so, generous with your time and coming out here today. Rich Robinson, thank you so much for coming onto the show today.
Thank you, Daniel. And Jared, it's been a pleasure. I really enjoyed the conversation. I love seeing it go in different directions and, and following it wherever it went. It was a lot of fun. I enjoyed it.
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Until next time. This has been another episode of BDO's Legal Tech Talk.
Daniel Gold is an attorney and a Principal at BDO USA, where he leads eDiscovery managed services. He hosts BDO's Legal Tech Talk, co-hosts the NeLI Pod and founded Gold Standard Leadership.
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Daniel Gold writes weekly on leadership, legal technology and eDiscovery.
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