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Legal ROI: 
Quality and Innovation, 
Incorporating Efficiency 
Copyright © 2014, Ron Dolin 
1 
Ron Dolin, J.D., Ph.D. 
Research Fellow 
Center on the Legal Profession 
Stanford Law School 
Financial Metrics Conference 
New York, Oct. 22, 2014
Part 1 
Copyright © 2014, Ron Dolin 
2 
What we can't do: 
Measure Client's ROI on Legal Spend
Client (Fortune 100) 
Me: Do you measure ROI on legal spend? 
GC: No. 
Me: Why not? 
GC: We can't measure quality. 
Copyright © 2014, Ron Dolin 3
Startup Competitor (e-discovery) 
Me: Do you measure quality? 
CEO: Yes – top quality and inexpensive. 
Me: Is that successful? 
CEO: It can be challenging when the law 
firm has a board member that 
questions our quality without data. 
Copyright © 2014, Ron Dolin 4
ABS Law Firm (England) 
Me: Do you measure quality? 
CEO: Constantly. 
Me: What is your fee structure? 
CEO: 95% is multi-year flat fee, and the client 
contracts with the company, not with the 
lawyer. They stay with us even with lawyer 
turnover. 
Copyright © 2014, Ron Dolin 5
Measuring Value and ROI 
 Value is Quality/Benefit over Cost 
 ROI requires a value assessment on R 
 Quality metrics are financial metrics 
 Legal service quality is measurable 
 Clients need to estimate ROI on legal spend 
 Law firms need to estimate ROI on innovation projects 
Copyright © 2014, Ron Dolin 6
Optimizing Product Purchasing* 
Copyright © 2014, Ron Dolin 
7 
*innovias.com
Optimizing Service Purchasing* 
Copyright © 2014, Ron Dolin 
8 
*innovias.com
In General (e.g. Legal)* 
Copyright © 2014, Ron Dolin 
*interactioneurope.com 
9
Row 1 Row 2 Row 3 Row 4 
12 
10 
8 
6 
4 
2 
0 
Column 1 
Column 2 
Column 3 
0 10 20 30 40 50 60 70 80 90 100 
1 
0.9 
0.8 
0.7 
0.6 
0.5 
0.4 
0.3 
0.2 
0.1 
0 
E-discovery Quality 
(hypothetical) 
Relative Cost 
Precision * Recall 
Copyright © 2014, Ron Dolin 10
Part 2 
What we'd like to do: 
Measure Law Firm Innovation ROI 
Copyright © 2014, Ron Dolin 11
Law Firm Innovation 
 Compare marketing (2-3%) with 
innovation budget. 
 Measuring ROI on marketing (which 
focuses on current offerings)? 
 Propose: 1% on innovation. 
 Focus: pilots and business models, not 
large-scale software development. 
Copyright © 2014, Ron Dolin 12
Innovator's Dilemma/Solution* 
 Threats and opportunities 
 Non-consumption 
 Unknown and unknowable markets 
*Christensen/Raynor 
Copyright © 2014, Ron Dolin 13
Innovation ROI and Finance Metrics 
(Innovation Killers*) 
 Discounted Cash Flow, Net Present Value 
*Christensen/Kaufman, HBR 
Copyright © 2014, Ron Dolin 14
Fixed and Sunk Costs 
“When new technologies or capabilities are 
required for future competitiveness, 
margining on the past will send you down 
the wrong path.” 
Finance and strategy “need to be studied 
and practiced in an integrated way.” 
Copyright © 2014, Ron Dolin 15
Consider 
“...the importance of other indicators such as 
market position, brands, intellectual capital, and 
long-term competitiveness.” 
“One study even showed that senior executives 
were routinely willing to sacrifice long-term 
shareholder value to meet earnings expectations 
or to smooth reported earnings.” 
What does a compensation model incentivize? 
Copyright © 2014, Ron Dolin 16
Innovation Process 
 Independent team, dedicated budget 
 Discovery-based planning, not stage-gates 
 Identify assumptions, test early, repeat 
 Budget must include learning through trial-and-error 
Copyright © 2014, Ron Dolin 17
Conclusion 
Copyright © 2014, Ron Dolin 
18 
“Some of the tools typically used for 
financial analysis, and decision making 
about investments, distort the value, 
importance, and likelihood of success 
of investments in innovation. There's a 
better way for management teams to 
grow their companies. But they will 
need the courage to challenge some of 
the paradigms of financial analysis and 
the willingness to develop alternative 
methodologies.”
rdolin@stanford.edu 
@legalnoise 
radicalconcepts.com 
Copyright © 2014, Ron Dolin 19

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Legal ROI: Quality & Innovation, Incorporating Efficiency

  • 1. Legal ROI: Quality and Innovation, Incorporating Efficiency Copyright © 2014, Ron Dolin 1 Ron Dolin, J.D., Ph.D. Research Fellow Center on the Legal Profession Stanford Law School Financial Metrics Conference New York, Oct. 22, 2014
  • 2. Part 1 Copyright © 2014, Ron Dolin 2 What we can't do: Measure Client's ROI on Legal Spend
  • 3. Client (Fortune 100) Me: Do you measure ROI on legal spend? GC: No. Me: Why not? GC: We can't measure quality. Copyright © 2014, Ron Dolin 3
  • 4. Startup Competitor (e-discovery) Me: Do you measure quality? CEO: Yes – top quality and inexpensive. Me: Is that successful? CEO: It can be challenging when the law firm has a board member that questions our quality without data. Copyright © 2014, Ron Dolin 4
  • 5. ABS Law Firm (England) Me: Do you measure quality? CEO: Constantly. Me: What is your fee structure? CEO: 95% is multi-year flat fee, and the client contracts with the company, not with the lawyer. They stay with us even with lawyer turnover. Copyright © 2014, Ron Dolin 5
  • 6. Measuring Value and ROI  Value is Quality/Benefit over Cost  ROI requires a value assessment on R  Quality metrics are financial metrics  Legal service quality is measurable  Clients need to estimate ROI on legal spend  Law firms need to estimate ROI on innovation projects Copyright © 2014, Ron Dolin 6
  • 7. Optimizing Product Purchasing* Copyright © 2014, Ron Dolin 7 *innovias.com
  • 8. Optimizing Service Purchasing* Copyright © 2014, Ron Dolin 8 *innovias.com
  • 9. In General (e.g. Legal)* Copyright © 2014, Ron Dolin *interactioneurope.com 9
  • 10. Row 1 Row 2 Row 3 Row 4 12 10 8 6 4 2 0 Column 1 Column 2 Column 3 0 10 20 30 40 50 60 70 80 90 100 1 0.9 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0 E-discovery Quality (hypothetical) Relative Cost Precision * Recall Copyright © 2014, Ron Dolin 10
  • 11. Part 2 What we'd like to do: Measure Law Firm Innovation ROI Copyright © 2014, Ron Dolin 11
  • 12. Law Firm Innovation  Compare marketing (2-3%) with innovation budget.  Measuring ROI on marketing (which focuses on current offerings)?  Propose: 1% on innovation.  Focus: pilots and business models, not large-scale software development. Copyright © 2014, Ron Dolin 12
  • 13. Innovator's Dilemma/Solution*  Threats and opportunities  Non-consumption  Unknown and unknowable markets *Christensen/Raynor Copyright © 2014, Ron Dolin 13
  • 14. Innovation ROI and Finance Metrics (Innovation Killers*)  Discounted Cash Flow, Net Present Value *Christensen/Kaufman, HBR Copyright © 2014, Ron Dolin 14
  • 15. Fixed and Sunk Costs “When new technologies or capabilities are required for future competitiveness, margining on the past will send you down the wrong path.” Finance and strategy “need to be studied and practiced in an integrated way.” Copyright © 2014, Ron Dolin 15
  • 16. Consider “...the importance of other indicators such as market position, brands, intellectual capital, and long-term competitiveness.” “One study even showed that senior executives were routinely willing to sacrifice long-term shareholder value to meet earnings expectations or to smooth reported earnings.” What does a compensation model incentivize? Copyright © 2014, Ron Dolin 16
  • 17. Innovation Process  Independent team, dedicated budget  Discovery-based planning, not stage-gates  Identify assumptions, test early, repeat  Budget must include learning through trial-and-error Copyright © 2014, Ron Dolin 17
  • 18. Conclusion Copyright © 2014, Ron Dolin 18 “Some of the tools typically used for financial analysis, and decision making about investments, distort the value, importance, and likelihood of success of investments in innovation. There's a better way for management teams to grow their companies. But they will need the courage to challenge some of the paradigms of financial analysis and the willingness to develop alternative methodologies.”
  • 19. rdolin@stanford.edu @legalnoise radicalconcepts.com Copyright © 2014, Ron Dolin 19