There are many ways we categorize legal work, such as:
- Civil vs Criminal
- Litigation vs Transactional
- BigLaw vs Small & Solo
This framework contemplates six broad domains of legal work and knowledge and attempts to distill this work to its most basic pieces. The six domains are:
- Collection and Creation of Information and Knowledge
- Assembly, Analysis, & Application of Information and Knowledge
- Delivery of Knowledge and Services
- Business and Practice of Law
- Legal Professional as a Human
- New and Emerging Technologies and Ideas
There will be functions that are unable to be neatly placed into a single domain and some that are not quite covered by these domains.
This taxonomy is primarily based on the idea of legal work being knowledge work. Half of the domains are about the creation or manipulation of knowledge. Two are about how humans interact with knowledge and each other. The final is in practice a combination of the two and is more about contemplating future iterations of knowledge work.
The domains are deliberately broad as concepts are often transferable across traditional practice-based divisions of work or product. If someone wanted to adapt this framework, it may be beneficial to divide into subdomains to limit the universe of knowledge or skills needed. For example, a training program consisting only of Microsoft Applications could be mapped to the framework, as could one that limited itself to a practice specific universe of tools, such as patent, immigration, or litigation.
For each domain, a definition, examples of workflows and included skills and knowledge, and the types and categories of tools used to perform or enhance them are provided.
Collection and Creation of Information and Knowledge
Definition: The production of knowledge products involves using human insight either to interpret or synthesize the knowledge products of others or to create new concepts, ideas, or productions. Also included in this domain is the collection and organization of knowledge and information.
Example Concepts, Actions & Knowledge:
- Writing briefs and motions
- Drafting contracts
- Performing research
- Intellectual Property
- Search
- Tagging/Taxonomies
- Metadata
- Information Governance
Tools and Products Used to Accomplish
- Document Assembly platforms
- Microsoft Word
- Clause Banks
- Drafting software
- Legal Research tools
- DMSes
- Docketing software
- Adobe Acrobat
- Virtual Data Rooms
Assembly, Analysis, & Application of Information and Knowledge
Definition: The manipulation of existing information and knowledge to create new information and knowledge. These processes often involve using algorithmic or artificial intelligence-based tools to refine or reveal insights about these resources.
Example Concepts, Actions & Knowledge
- Data Analytics
- Contract Review
- eDiscovery
- Judicial Analytics
- Business Analytics
- Data Visualization
- Redaction
Tools and Products Used to Accomplish
- Excel
- Power BI
- Python
- Docketing Tools
- Artificial Intelligence
- API
- Web hooks
- Translation tools
Delivery of Knowledge and Services
Definition: The movement of created or manipulated knowledge from a legal professional to another entity. This can be another legal professional, an institution, a client, or a lay person. Actions included in this domain may also take the form of services, which often is delivering a knowledge product on behalf of an institution or lay person.
Example Concepts, Actions & Knowledge
- Providing advice
- Transaction workflows
- Litigation
- Arbitration
- A2J/Professional to Consumer (P2C)
- Blogging/Social Media Use
Tools and Products Used to Accomplish
- Expert Systems
- CLM software
- eSignature tools
- Websites / Website Creation
- Online Dispute Resolution
Business and Practice of Law
Definition: Actions that enable the creation, manipulation, and delivery of knowledge. This includes tools and methods that allow one to perform these actions in an efficient, safe, and ethical manner.
Example Concepts, Actions & Knowledge
- Project Management
- Design Thinking
- Process Improvement
- Communication and Collaboration
- Purchasing and selecting technology
- Privacy and Cybersecurity
- Ethical Obligations
- BYOD policies
- KYC AML
- Virtual/Hybrid Workspaces
- Entrepreneurship
Tools and Products Used to Accomplish
- Six Sigma
- Practice Management
- Matter Management
- Portals
- Email/ Outlook
- Secure Communication Platforms
- Regulatory Reform
Lawyer as Human
Definition: Tools and actions to remove bias and discriminatory behavior from the participants -human, technical, and institutional – in the legal and justice environments. Additionally, this domain includes tools and actions that ensure the personal and professional well-being of participants.
(Note on Reason for Inclusion Since it May Not Be Obvious and Will Probably Make a LOT of People Mad For Reasons They Can’t Quite Articulate: Laws, as well as technological enhancements to the legal and justice system, are only as just and fair as the humans that created them. As law is the operating system to society, it is imperative that discriminatory beliefs and practices are confronted and removed to ensure equality. Additionally, the legal and justice systems are operated by humans. It is important that these humans are personally and professionally healthy and operate at the best of their ability and desires. An unjust legal/justice system, tool, or organization administered by unhealthy and unfulfilled humans can never be innovative.)
Example Concepts, Actions & Knowledge
- DEI
- Well-Being
- Empathy
- Professional Development
- Change Management
Tools and Products Used to Accomplish
- LMSes
- RFP Review Platforms
- Resource Management
New and Emerging Technology and Ideas
Definition: Tools and processes that have not yet been fully adopted by the legal world but may prove to be useful in the future. These may also become niche practice opportunities.
Examples of Concepts, Action, and Knowledge
- Bail Reform
- Prison Abolition
- Marijuana Legalization
- Open Content
Examples of Tools and Technology
- Blockchain
- ChatGPT
- Autonomous Vehicles
- Open-Source Technology
- 3-D printing