Using data and tech while remaining human-centric
Andy Cooke, General Counsel at TravelPerk, offered a home truth at Crafty Fest, "I hear a lot of negative words associated with AI. Worry, fear, risk, risk of using it, risk of not using it, that it's going to take your job. But in the cliché, it's going to be a lawyer who uses AI that takes your job."
Generative AI is here, and in-house legal teams have mixed feelings. Many lawyers in our community express ethical concerns and a fear of their job becoming redundant, creating tension around adopting AI and other new technologies at work.
While it’s hard to deny AI's potential to enhance efficiency, speakers at Crafty Fest emphasised that this shouldn't come at the cost of fostering a culture that prioritises care and aligns with the company's mission. The human element remains crucial in legal practice. Or, in Cooke’s words, “F*ck efficiency.”
Interestingly, a 2023 Bloomberg study revealed that only 18% of legal teams regularly use data to report on legal performance. This statistic shows a need for a more proactive approach to using data in the legal sector. The challenge lies in embracing data and tech while preserving the essential human aspects of legal work.
Balancing efficiency and humanity
Andy Cooke highlighted that overemphasising efficiency can strip away the humanity from legal work, reducing professionals to acting as “machines”. But the true value of AI lies not just in improving workflows, but in posing critical questions about those workflows, enabling teams to work more innovatively.
He then introduced the "three C's" framework – care, capability, and culture – as essential elements for using AI while staying human. This involves prioritising the wellbeing and personal development of team members, leveraging their unique skills, and fostering a culture that values mission and purpose over mere efficiency.
AI ranked number three in most popular conversation topics in the Community Hub - coming after careers and contracts.
“I encourage you to start to think about what's possible with this technology, rather than allowing it to strip you of your humanity. Move towards a more human-oriented way of delivering legal services, and delivering great outcomes for our customers. Think: humans post-AI.”
- Andy Cooke, General Counsel, TravelPerk
Creating a sense of mission
To make sure tech enhances, rather than diminishes the human element of legal work, it’s important to establish a strong sense of mission and purpose. This should come from leaders who can communicate a clear sense of mission to their legal teams, keeping the work engaging and meaningful. This in turn drives better performance, innovation and job satisfaction.
Tips for leaders:
Host workshops to collaboratively define (or refine) the team’s mission, making sure it aligns with both business goals and personal aspirations of team members.
Schedule periodic reviews to assess how aligned team members are to the mission, making adjustments as needed to reflect changes in the business or industry.
Communicate the mission to keep it top of mind, making sure all team members are committed to the shared goals.
Proving value through data
Business leaders don’t tend to show much interest in legal team-specific data. The best way for legal departments to use data to demonstrate their value to the business is to transition data from being reactive to proactive.
In his inspiring session at Crafty Fest, Andy Cooke emphasised the importance of high-level business achievement data as well as the mundane metrics (for example, the number of NDAs processed) in building a business case for new tech.
Initially, legal team-specific data helps understand workload and resource allocation. But eventually, it should be put in the context of the business objectives – demonstrating how the legal team is driving strategic decisions and having an impact on business success.
Key advice is to create a narrative around the legal data, making it relatable and understandable for stakeholders to effectively communicate the legal department’s contributions.
Considering ethics when using data
While the Post Office Scandal and AI may seem like very different topics, many in-house lawyers have been reflecting on the implications of a crisis that had, at its core, failed to understand and interrogate the behaviour and limitations of software. It was the ultimate “But the computer said…” situation that led to blame in the wrong places.
Lee Castleton reminded us at Crafty Fest, “Computers didn’t do this to me or my family – people did”. As we now deal with the implications of a new inflection point in technology, in-house lawyers have been asking how they can make decisions now that limit the risk of even greater injustices in future.
How to implement data and tech
Ben Martin, Director of Privacy at Trustpilot and author of GDPR for Startups and Scaleups, shared insights at Crafty Fest on using data to mature business support functions post-IPO.
By proactively making use of data, legal departments can allocate resources more effectively and identify areas for automation. This not only showcases the department's contributions, but also helps plan future improvements and investments.
Tips to action:
- Start with clear objectives – Identify the key metrics that matter to your business. Understand what data will help in achieving strategic goals and improving efficiency.
- Engage stakeholders – Collaborate with different departments to understand their data needs and pain points. This ensures the data is relevant and beneficial across the business.
- Create relatable narratives – Develop narratives around the data to make it understandable for stakeholders. This helps in effectively communicating the value and impact of the legal department.
- Focus on both high-level and mundane data – While high-level data on business achievements is important, don’t overlook the value of mundane metrics. Both types of data are crucial for building a comprehensive business case.
- Plan for automation – Use data to identify opportunities for automation. This not only improves efficiency, but allows the legal team to focus on more strategic work while AI handles the simple tasks.
- Maintain ethical standards – Ensure the use of data and AI complies with ethical standards and regulations. Protecting sensitive information and maintaining transparency should never be overlooked.
By balancing the use of data and tech with a focus on human-centric values, in-house legal teams can enhance their efficiency, prove their value, and foster a culture that prioritises mission and care. Tech and AI can serve to elevate human intelligence rather than replace it, ultimately driving better outcomes for the business.
