BDO's Legal Tech TalkPeople, Process, Technology and Data: Revolutionizing Legal Ops
About this episode
Recorded live at the Running Legal Like a Business conference in Las Vegas, Daniel Gold and Eric Derk talk with Jennifer McIver, director of legal operations and industry insight at Wolters Kluwer and an e-billing expert. Jennifer explains why UTBMS task codes still matter, why bad invoice data undermines AI and alternative fee arrangements, how to keep coding simple, and why the classic people, process and technology model needs data added to it.
Key takeaways
- AI in e-billing depends on data. Know where your data is and have a process behind it.
- UTBMS task codes let both law firms and legal departments see what work was done and what it cost.
- Keep coding simple. Overly elaborate code sets produce bad data and strain relationships with firms.
- Alternative fee arrangements need accurate historical data, which means attorneys have to record work correctly.
- Jennifer's model is people, process, technology and data, with standards holding it together.
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.
I'm Daniel Gold, BDO principal and eDiscovery managed services leader.
And I'm Eric Derk, BDO's managing director of legal operations. Let's get started with this episode's exciting discussion.
And welcome back to another episode of BDO's Legal Tech Talk, and we are again here live at the Running Legal Like a Business conference in Las Vegas. And right now, Eric and I are really happy to be joined here in this room with Jennifer McIver. She is the director of legal operations and industry insight at Wolters Kluwer. Jennifer, it is so great to have you. Thank you so much.
Thank you so much for inviting me today.
Well, this is great because for a lot of reasons, namely because you are the backbone to so much that is happening in the industry. You have been propped up by Eric as being the e billing expert, and there's so much to unpack with that very lofty title you've been given by Eric.
You know, I actually did not grow up thinking I was gonna be the e billing expert. You know, I thought I was gonna be a forensic pathologist and go to medical school. And, you know, unfortunately for saying this, dead people don't talk back. But yet here I am at a conference talking to everybody. So it's quite an interesting journey in that aspect.
So tell us a little bit about your role and what it means to be this expert in e billing.
For me, I think, really, my role at Walter Skloor is to facilitate the communication and the information between our technology as well as the industry, our clients, people that we can reach. And really to be somewhere, like, at running legal right now is to just engage and to find out what's going on and what's gonna help because that's important. We don't want technology for the sake of technology. We want to really understand the problems.
So I'm out there. I'm at events. I'm having the conversations, and I'm really trying to facilitate those conversations so more people feel comfortable to speak out about what they're doing. Not only their successes, but the roadblocks they're having because those are the challenges that we can really try to help with.
I gotta ask you a question about just general evolution. So we're here and we're hearing a lot about AI. We're hearing a lot about the development of AI. But years ago, we tried to build some standards around the use of leads codes and GPS codes to try to figure out how we could essentially regulate test based billing.
And I think we all know that that didn't really take hold as well as it could have. But now we're hearing about AI, and I'm wondering if there's lessons to be learned from those past experiences that we should really be shedding light on when we're thinking about process driven routines using tech. Right? Because everyone out there is talking about tech.
And I really think that we're missing a boat again, and we're kinda gonna fall down the same path if we don't really get it right this time.
You're right. I think there is a little worry there. I go back. You know, you said leads, and all I could think about from my days of implementing e billing is legal electronic data exchange standard and explaining that.
And that came from, by the way, the nineties, I think. And you go back to it and the understanding of leads and the YouTube EMS codes, it really was trying to get the same data in. Right? The whole purpose of that was to get a standardized way that we could look at invoices, we could understand the invoices, we could review them.
But when you start looking at, like, the task codes, YouTubeMS task codes, nobody's using them the same. And guess what? Ebilling solutions and I probably e billing solutions come in, right, and they allow you to do custom task codes. So we're already deviating when we're talking about task codes.
But it all came down to how and who were creating, you know, the entries for those time entries and billing. And you look at, you know, invoices coming from law firms, they have the ability to use the task codes. Are they required? Yes or no?
A lot of law firms don't use them because corporate legal departments didn't always require them. I sat back in, I'd say, twenty sixteen when I was managing very large accounts. They did not require expense codes. They would have two million dollars of absolute unexplained data and expenses, not knowing where it is.
So how to me that relates to AI, it goes back to data, data, data. You have to know where your data is. You have to have a process behind it. Goes to the age old people process technology.
You have to make sure that whether it's your in house lawyers or your outside counsel are on board with wanting to give you that data in that outside counsel are on board with wanting to give you that data in that process way or in that, you know, more standardized way.
And I think AI, we're taking that away a little bit in the aspect that we can go and we can read it without the coding. But where's the data coming? Who's actually putting the data in? And this goes really far back but if you go to law firms and invoices, who's putting the data in those invoices?
It's not always the attorneys doing the work. Who know the best about what kind of work that was? It could be their paralegal. It could be the billing clerk who just needs to get it in because they need to get that invoice in to get it approved to get it paid.
So that goes again to you have to get back to the foundation of the structure and how you're gonna get that data.
Let's back up just a little bit, though. Because for the listeners, they hear a lot of acronyms here, and a lot of people understand what UT MBS is. And you also explain what leads is. But it's really important, and I wish we did have more time together today to talk about this, but give a backbone understanding, a foundational understanding as to what UT MBS was supposed to be and what it is still supposed to be and why that is so important.
I think it's uniform task based management system.
There you are.
I don't know if I got the s right though. But the idea really was to be able to classify and to categorize the work in order to, you know, be able to look at it and see what's actually be done. It's to help review the invoices. It's helped to review the budget. Hopefully, it would get you to a phased budget or some other way to move forward with those hourly rates.
And who benefits the most when that is done correctly?
I think both do. I think if you look at e billing and what law firms would say is, well, it's clearly all for just the corporate client. But honestly, when you're having those conversations, everybody is going to benefit when you have clear and transparent communication and you're on the same page. So I think it's everyone. I'm not gonna say that it's just the corporate legal department that benefits.
But there are a lot of companies, to your point, that don't enforce the requirement for outside counsel to fill that out. And then when they don't fill that out, to Eric's very good point a moment ago is, like, if we're gonna talk about AI in the context of e billing and getting to a better place, you just made an excellent point a moment ago to Eric's question, which is data, data, data. But if there's this idea that this is so important and it's also not being enforced, then we have this conundrum here where AI can only confuse things because we're dealing with bad data.
And really it's those corporate legal departments that haven't enforced it, that haven't structured the data, that haven't been rigid with our law firms on how they're bringing that data in the invoices that are looking for AI to be that, I'm not gonna hit the table here today, but that easy button. Right? And they're looking forward for that, and they're not gonna have that. That's where, Eric, that's where it's gonna fail because you don't have that structure. And if you're not pushing back on your law firms to get that data, how are you gonna continue to go forward and to have a better view of it?
Yeah. You you know, you say people process technology.
I think there's a couple other missing elements that we just take for granted. One is good clean data, and good clean data is really built by standard nomenclature and taxonomies and conventions that everybody could share, but we're missing that. And then we're missing standards. So people process technology data and standards.
Right? So those code levels were built meant to be standards, but when you get in the way of good clean data and standards, then you get into this idea of saying, you gotta do it this way, and you can't really deviate. And if you deviate, there's gonna be some penalties. Well, people don't wanna jeopardize their relationship.
But one of the things that I've seen with code management is you have kinda two schools of thought, which is teams build out these super elaborate codes, and it's a constant cycle of kickbacks and reviews and creates a lot of disruption in the relationship. Right?
It's also disruption in your technology because when you're getting that I mean, there definitely are solutions out there that can handle that customization, but the more and more you get that, the harder it is to keep track of, the harder of it is to manage and enforce. And one change is gonna mess up your entire process, your entire report that you just built.
So how do we make, like, mini use? Like, how do we build, like, a level of capability from your knowledge base to say, there's kind of different grades and classes of doing this right. And there's not always one way. There's not always a specific standard per se, but there's different classes of standards. So how do you think through this level of maturity, but also a level of quality and goodness to make sure that you're actually paying bill, not disrupting a relationship.
I'm gonna go back to the KISS acronym, keep it simple, you know, with the other s at the end of that. And I say that because depending on your maturity, you can go back to basics, and you don't need all the data in the world. You just need certain pieces of data to get to the answers that you are looking for. So to me, it really goes back to that.
Regardless of your maturity, it goes back to what am I ultimately trying to get at and how am I helping to foster that through. And I think that's the big process or that's the big, you know, kind of query that people have to really think about. If you don't do that, then you just pull everything in, you have a mess. If you don't pull enough in, you have nothing.
So you really have to get back to the simplicity of what do I need. I'll be honest. I don't know if you need task codes all the time, and I know that sounds horrible. And I know there's other task code sets that have been out there that have tried to, you know, come to fruition.
There's the LEDES codes as well, which are way more extensive when it gets down to what are you actually doing. You have certain providers that said, don't worry about the task codes. We know that's a burden to you. We'll classify it for you.
But what does that do? That introduces more. That introduces more confusion when that happens. So we really need to get back to basics of what are we looking at.
We need to know how much we're spending. We need to know the work that's being done and we need to know how we can move forward and do this in a more efficient way. So I do really think that you have to get back to the basics and really work with your law firms to at least get it right for that data accuracy and AI can play into that. AI can definitely help with the accuracy of data.
Legal teams are struggling to manage resources, maintain compliance, and adopt new technologies.
BDO's legal operations team can help. We enhance efficiency, reduce costs, and support compliance so you can run your legal department like a business.
Schedule a meeting with us today at bdo.com.
One more question from my side is that we hear about all these different alternative arrangements, fee arrangements, and you can't really get to those levels of value based billing or AFAs unless you have data to make the analysis on, like, frequency intensity of a specific activity or a matter type. So where are we going to go if we if we don't have the ability to actually standardize or adopt, you know, basic routines and general good data hygiene? Where are we gonna go when we're being bludgeoned with the use cases or the uses of AI if we don't really have a good understanding of how the work actually takes place?
I don't think we're gonna go anywhere. You know? People have said that, you know, AI is the death of the billable hour or the hourly rate. I don't know that that's gonna happen.
It can't happen if we don't do that. And so I think for me, it really gets back to you have to have trust in the AFAs, and you're only gonna have trust if you have the data to back it and if you have the good transparent conversations to understand it. Corporations don't always have to have all that data, by the way. The law firms could be bringing that data to the table as well.
They work with a lot of folks and they also have ways to track it. So I think that there's a lot of that. It gets back to that communication. So if we go back to people, process, technology, we've been harping a lot on the process today, and we've talked a lot about the technology, but you have to get back to the people too.
And where is that burden? I think the burden falls on both sides.
This is the dog chasing the tail right now. It is. It is. And the way that you described it is everyone needs to just put their pencils down for a second and just really think it through this because there is potentially a world in which AI eliminates the need for the task based codes.
But there also requires that the attorneys to have very accurate descriptions about what they're doing with the work, which is also something AI can actually help with. Right? So for instance, if I am a partner and I am drafting a motion for summary judgment or I am working on interrogatories for deposition, whatever it might be, AI can classify that and categorize all of that and then put it into a system by which it makes sense. And so it almost as if there's a world in which AI can take the burden off of the attorneys who have better things to do than to categorize or give it to the paralegals to categorize and classify so that we understand by timekeeper enrolled what it is that we're actually doing.
And then what we could do is come up with a system by which the data is rich enough. Well, we've created a process when the data is rich enough in which the AFAs and the value well, I take it back. The value based building system is something that can actually come to fruition. So am I being so naive after twenty something years in doing this?
Right? Being so naive to think that there is a world in which AI can solve for the fact that uniform task based billing system as well as, you know, the billing guidelines that aren't enforced, AI can be the enforcer. Am I that naive to think that it's possible?
No. And I think it's already happening. And I say that because if you look at managed bill review services that are already leveraging AI, and that's not even, you know, generative AI and agentic AI. Right?
That's just leveraging your large language model AI and really training that, and the algorithms are getting better. That's already doing things like catching VEG or block billing, those kind of things. And it's forcing it back. Right?
Because that's things that attorneys don't catch so they don't have the data in house. It's forcing that back to the law firms to say this is block billing. This is a violation. We can either discount you or you can redo it and send it back to us.
That's going back to the data accuracy. That's feeding the data back into the system. Right? So you might not have saved anything by doing that through that managed review, but now you have better data So you can move towards exactly getting to, you know, really looking in the type of works being done.
How's it being, you know, staffed? How's it being you know, how fast, how efficient is it being done? Because you have now good accurate entries. And I think that's a big piece of the puzzle is going back again to the data and needing to have the clean data, the accurate data.
So I think it's there. I think, you know, a lot of people are looking for that easy button to say, I don't have to do bill review anymore. But I think you do have to block it out into different ways. What aspect of invoice review are we looking to help or are we looking to change?
You know, are we helping attorneys with reviewing the invoices? That's a different solution than helping to look for block billing and vague entries in order to get better data, which is completely different in my opinion from looking at outside counsel guidelines. And that's where I think you can really start, you know, really picking off how you're gonna help corporate legal departments and how you're gonna push back and help the law firms as well. And I know there are systems out there right now that are trying to help the law firms to come out with, you know, good invoices so that way they're not having to do the back and forth in the appeals process.
So I don't think it's like one AI is gonna do all invoice review answer. It's looking at those different pieces and figuring out and it goes back to people processing technology. Those are all individual processes, The submission of the invoice, the compliance of the invoice, and then the review and the approval of the invoice. And then, of course, you have the review of the data.
I just keep coming back to the fact that we don't have really good discipline when we think about managing data and actually putting good data into a process. We allow for a high degree of variability, and nobody really seems to think that that's a big deal and it's the deal.
I agree. I actually think in instead of people process and technology, we should be doing people process technology data. And that should be absolutely there. Maybe we even put that early. But, you know, I definitely think that that is the key link, and that is where the use cases of AI are going to be swimmingly amazing is when you have that data.
This is the reason why Eric said you are the e billing expert. Let's bring it back to how you are here. We're all here at the Running Legal Like a Business conference.
I'm curious from your perspective, what brought you here? What is it about what Connie and Jeff have done here in putting together this conference that you said I need to be here other than speaking at one of the seminars here? What is it about this conference that you're like, yes. I need to be here?
It's the depth of the content. I mean, the content to me is like no other, event that we have. I think that there maybe are couples that get really close, but they really spend a lot of time curating that content and bringing great people to the table. And whether that's a sponsor like myself or whether that is, you know, folks within the legal ops teams.
And the big thing is too is they foster a safe space for people who have never shared before, who had never spoken. If you go up to those panels, there's a lot of first time conference goers and there's also a lot of first time speakers. And that's what's really important because the purpose of a conference like this is for people to learn from each other and share. And that's beneficial not only for the corporate legal departments, it's just as beneficial for us, the vendor.
And that's important for me to listen to because, again, it gets back to my role of taking that back to our organization and really trying to help our teams, whether it's our product team or our sales team, understand the needs and understand the solutions that we can provide and maybe how we need to pivot to provide them.
Jennifer McIver, thank you so much for joining us.
Absolutely. It was a pleasure. Thank you for inviting me.
Thanks for joining us on BDO's Legal Tech Talk podcast.
If you're enjoying our podcast, don't forget to rate, review, and subscribe for more episodes.
On www.bdo.com, you'll find all of our episodes, transcripts, and ways to continue the conversation.
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.
More about DanielGet the next one in your inbox
Daniel Gold writes weekly on leadership, legal technology and eDiscovery.
Subscribe on Substack