Build vs. Buy: Insource/Outsource for Law Firms, with Ben Gideon and Jeff Wright
Every function in your law firm — from medical records retrieval to marketing to financial reporting — is either something you should own or something you should hand off, and getting that wrong can grind your practice to a halt. Ben Gideon and Jeff Wright break down the strategic framework Gideon Asen has developed through years of trial and error: insource the work that defines your firm's value and builds competitive advantage; outsource the rest. Ben walks through three specific rules for what to outsource and two for what to keep in-house, from legal services and intake to finance and marketing. Jeff adds the operator's perspective on why fractional arrangements often fall short and why institutional knowledge is impossible to replicate from the outside.
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Great lawyers don't always know
how to build great law firms.
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Speaker:Join Ben Gideon as he shares hard won
lessons from building his own financially
Speaker:successful law firm and practical
insights from top law firm entrepreneurs,
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Speaker:Hello, everyone. Welcome to Elawvate
Build and Grow Your Law Firm.
Speaker:I am Jeff Wright,
Speaker:chief operating officer here at Gideon
Asen and as always joined by owner,
Speaker:managing, partner,
extraordinaire Ben Gideon.
Speaker:I think our topic today is going
to be on the very exciting topic
Speaker:of insourcing versus
outsourcing of responsibilities.
Speaker:It may not be the most
exciting thing in the world,
Speaker:but it's a discussion that's happening.
Speaker:You mentioned Injury Board a little while
ago and there was a firm that reached
Speaker:out to Injury Board and wanted to talk
about whether they should insource
Speaker:or outsource the COO
and a marketing person.
Speaker:And I spent some time
speaking with that firm.
Speaker:So we do think these are discussions
happening at other firms. And Ben,
Speaker:I don't know if it makes sense to
kind of start at the beginning.
Speaker:You've obviously alluded to the fact
that when you and Taylor started,
Speaker:you were Jack of all trades. You were IT,
you were facilities, you were finance.
Speaker:And at what point did you feel
you had to have the outsourcing
Speaker:discussion where you knew you had to
bring on other assets to handle those
Speaker:things either in- house or outsourced?
Speaker:Yeah, it's a great question, Jeff.
Speaker:And one reason I wanted to do an episode
on this topic is it's something that
Speaker:when we started our firm and I
would say still through today,
Speaker:it's a constant decision point
of whether for a particular task
Speaker:or functionality, you're better
off spending the time, money,
Speaker:and effort to build that internally
versus going out and finding a
Speaker:vendor that can supply that product
or that service to you for a charge.
Speaker:And in some sense,
Speaker:we've discovered what the right balance
for our firm is through trial and error
Speaker:in some instances, attempts that
have failed, things that have worked.
Speaker:And I thought I would share some of that
with our listeners that might help them
Speaker:enhance their ability to get to the
right decisions their own course.
Speaker:So I mean, when you start your firm and
you're building it from the ground up,
Speaker:one exciting thing I thought about
the ability to outsource certain
Speaker:tasks is that it allows you to
develop a larger footprint really
Speaker:from the inception than you might
justify based on the internal
Speaker:numbers of your operation. So a firm
that has, as we did when we started,
Speaker:just two lawyers and a couple
of support staff can operate
Speaker:like a somewhat larger firm
by selectively outsourcing
Speaker:certain tasks and duties. There
was a time for a law firm,
Speaker:not a time recent past,
Speaker:but a decade plus ago
where probably the standard
Speaker:workflow was for the most part
for firms to handle everything
Speaker:from soup to nuts for their
own operations internally.
Speaker:I can think back to starting at my
last practice where we were still using
Speaker:handheld dictaphones and
dictating memos and letters
Speaker:and then those would get handed off.
Speaker:The cassette tape would literally
be ejected from the dictaphone.
Speaker:I know the technology sounds so
ancient. This wasn't that long ago.
Speaker:You would eject your little
cassette, your mini cassette.
Speaker:You would hand that to
your legal assistant.
Speaker:They would put that into their listening
device with the headphones on and a
Speaker:foot pedal and they would literally
create the transcription of your letter
Speaker:or your memo. Someone might proof it and
then it would get circulated around as
Speaker:needed. And that process of having
administrative staff transcribe
Speaker:dictation still continued forward to
the time that I left that practice
Speaker:about five years ago. There
were no longer mini cassettes.
Speaker:They now I would dictate on my
iPhone using an app and then it would
Speaker:automatically get uploaded or emailed.
The secretary was still transcribing it,
Speaker:proofing it and et cetera.
Speaker:One of the very first outsourcing things
we did in our new firm was to outsource
Speaker:that transcription function
using a company called Rev,
Speaker:which for a very low cost
will outsource it to somebody
Speaker:around the world.
Speaker:And it used to be that you would dictate
and that that would create a queue for
Speaker:your legal assistant and they would
get to it whenever they could next in
Speaker:their order of priority managing and
juggling all the other things they were
Speaker:doing that were on their plate.
That could take a week sometimes. I mean,
Speaker:if you had a lengthy memo that
you had dictated 10-page memo,
Speaker:you might not get that
back for a week. Using Rev,
Speaker:you get back a high quality
transcription of that memo within about
Speaker:30 minutes. No matter if you
uploaded a hundred things,
Speaker:you would still get a hundred pieces
of work returned to you within about 30
Speaker:minutes because they're all getting
outsourced obviously to different people
Speaker:that are ... If you're using
the human transcription service,
Speaker:which we typically do,
Speaker:there's also the fully automated voice
transcription service that's a lower
Speaker:cost that tends to have more inaccuracies.
Speaker:So that's one example of just a simple
outsourcing product. But as you go,
Speaker:you start to identify other areas
early on where you can increase your
Speaker:footprint and they're so accessible
today because everything tends to be
Speaker:cloud-based. So if you're using a vendor,
Speaker:they can easily get access to your data,
Speaker:your information and workflow. So other
early examples of areas we outsourced
Speaker:were our IT function. In the old days,
Speaker:people had IT employees that
were on site that managed your
Speaker:server room, your hardware,
software, et cetera.
Speaker:Now I'm sure there are many firms that
still have internal IT and maybe when you
Speaker:get scaled up large enough, that does
make sense. But for a small firm,
Speaker:they're very good options for outside
vendors that can handle all of your IT
Speaker:functions. The one we use
called TeamLogic, I think
it's a national company,
Speaker:but we work with their ... I think
they're a franchise business,
Speaker:but the office we work with out of
New Hampshire is exceptionally good,
Speaker:very responsive, really nice folks.
Speaker:And they can remote in to your laptop
or your desktop and handle almost
Speaker:everything right away without even
having to pay an in- person visit to your
Speaker:office. Obviously, no one has
server rooms or servers anymore,
Speaker:get automatic backups so that everything
we do is backed up on about a 10-minute
Speaker:cycle.
Speaker:They can help with other things such
as cybersecurity issues and things like
Speaker:that that all need to be addressed
these days. So as you're building,
Speaker:you start to realize you can act
like a larger firm than you are by
Speaker:outsourcing some of these
non-essential functions.
Speaker:That's kind of the early phase of it.
Speaker:Let me just kind of explain what there
have been vendors we have used that
Speaker:didn't work out well.
Here's a good example.
Speaker:Our firm relies heavily on
the ability to efficiently
Speaker:and promptly obtain large volumes
of our client medical records,
Speaker:particularly for medical malpractice
cases because we complete a review of the
Speaker:case until we have a
complete set of records.
Speaker:For those who don't do this kind of work,
Speaker:but I'm sure there's an analogy
in every other type of practice,
Speaker:but it can be extremely frustrating
to just get those documents
Speaker:in- house because the system is really
designed to be inefficient so that it's
Speaker:difficult to get the records you need.
No one's very responsive in that world
Speaker:and it can take weeks or months,
Speaker:which really grinds our whole practice
to a halt. We started out, we thought,
Speaker:well, that would be a
good task to outsource.
Speaker:It's a routine administrative
clerical task that is
Speaker:repetitive really requires
the same approach and it
should be something that can
Speaker:be done efficiently by somebody
we don't have to employ.
Speaker:We hired a firm to do that. It became
a complete disaster. We went weeks,
Speaker:months waiting for records to come in.
Speaker:They never came in to the point where
our entire practice had really grown to a
Speaker:stop. We couldn't create demands for
clients because we didn't have records.
Speaker:We couldn't complete case reviews for
clients because we didn't have the records
Speaker:and we were six months away from
having no pipeline and source of
Speaker:viable cases because we didn't
have the records we needed to
Speaker:perform the work. So then we decided,
well, we have to insource that.
Speaker:So we hired somebody to do
that job internally and you
know who that was, Jeff,
Speaker:it was Christine.
Speaker:She came in and she did a phenomenal
job doing that and kind of salvaging
Speaker:that part of the practice by starting
the flow of records coming back into our
Speaker:office very aggressively pursuing them
to make sure they were coming in problem
Speaker:solved. However, the problem with
that job is it's a thankless job.
Speaker:It's incredibly frustrating.
There's a high burnout rate.
Speaker:And after doing that
job for several months,
Speaker:it was clear to us that Christine
was just getting burnt out of it.
Speaker:We then hired somebody
to replace Christine who
Christine trained and then it
Speaker:became apparent that this person wasn't
going to last in that job very long
Speaker:either. It started to unravel
again. So we were faced with,
Speaker:and this is sort of a classic dilemma
I think firms get faced with in certain
Speaker:areas, doesn't have to be medical record
retrieval, be any number of things,
Speaker:but you've got a particular
job that's difficult,
Speaker:thankless. There's not a lot of
room for professional growth,
Speaker:but it's essential in terms of blocking
and tackling to the core function you're
Speaker:trying to do.
Speaker:But what you recognize is you're going
to have high turnover and constantly
Speaker:having to train people,
they're going to leave,
Speaker:you're going to have
to train somebody else.
Speaker:It's going to be a continual problem going
forward for you unless you can find a
Speaker:workaround and a fix. At that point,
Speaker:rather than continue to hire people and
insourcing that responsibility going
Speaker:forward, we then made a second attempt
to outsource it and that ended up being
Speaker:successful.
Speaker:And it was successful because we found
a different vendor that performed the
Speaker:service in a very different
way than our prior vendor had.
Speaker:And we were very careful in terms of
vetting that vendor and following up and
Speaker:managing that process until we felt
comfortable it was working well. But now
Speaker:it's a problem that we've solved and we
don't have to internalize it and deal
Speaker:with all of the fallout from having
to manage that process in- house.
Speaker:And by the way,
Speaker:that vendor was called Streamlined and
I highly recommend them for anybody who
Speaker:needs medical record retrieval services.
Speaker:This same problem cuts across
all aspects of a firm. I mean,
Speaker:most law firms have dealt with marketing
vendors that could be particularly
Speaker:problematic, particularly in say web
mastery and search engine optimization.
Speaker:We're on our third different
SEO vendor and all our
Speaker:past vendors were problematic
in different ways.
Speaker:We can talk more about that in a moment.
Fits and starts, trial and error,
Speaker:getting to the point of figuring
out what we can insource,
Speaker:what we can outsource, which has led to
some kind of takeaways from all that,
Speaker:which I'll share in a
moment, but I'll stop there.
Speaker:Yeah. I was going to say one of the
things you touched on it briefly,
Speaker:you need to have somebody internally
that is willing to spend the time
Speaker:to look at multiple
vendors, do your research,
Speaker:touch base with other firms,
get references, do demos,
Speaker:go through your contracts.
Speaker:And it's a considerable amount
of time if you do it correctly,
Speaker:but nothing is worse than
signing a multi-year contract
with a vendor and you're
Speaker:six months into it and you really don't
have a good out clause and you realize
Speaker:you made a mistake.
Speaker:So putting the time and effort in if
you do decide to outsource something,
Speaker:you need to do it right out of the gate
and you need to identify somebody in-
Speaker:house ideally not the attorneys
that should be using their time
Speaker:obviously on cases, but if you
don't have that person in- house,
Speaker:you need to identify them.
Speaker:Yeah. And in our case, that's you, Jeff.
Speaker:That whole backdrop of trial and error
that led to failures and successes with
Speaker:outsourcing in some areas and not others
led me to develop some general rules of
Speaker:thumb about what makes sense to insource
and what makes sense to outsource and
Speaker:how to distinguish one from the other.
Speaker:So let me just share that and then we can
go through how that plays out maybe in
Speaker:some of the different areas
of your firm or practice.
Speaker:So my rule for insourcing is
you want to insource core value
Speaker:added services that define the product
or service that your firm delivers.
Speaker:So obviously you have a value
proposition for your customers,
Speaker:that key value proposition,
whatever your area of law is,
Speaker:your legal services, your judgment,
your professional experience,
Speaker:your reputation, that
cannot be outsourced.
Speaker:People are coming to you for that service
and that's where you're making your
Speaker:name and your brand. You would outsource
that at great peril because no one else
Speaker:is going to have the
same reputation you have.
Speaker:They're not going to have the experience
you have and that's ultimately going to
Speaker:dilute your brand, dilute your
reputation and diminish your firm.
Speaker:I don't think anybody would argue
with that and that we all know that.
Speaker:The second area where you should insource,
Speaker:and this is the one that's a little
bit more interesting, I think,
Speaker:is what I've described as other
areas where building unique
Speaker:capacity offers strategic
or competitive advantage and
Speaker:can be accomplished at an
acceptable return on investment.
Speaker:We can get back to examples of
what those things might look like,
Speaker:but that's a critical part. So again,
Speaker:that's in addition to your
essential function and core
Speaker:value added proposition as a law firm,
Speaker:I'm talking about other things now other
than your legal services to insource.
Speaker:So let's talk about what you
should outsource. Number one,
Speaker:you should outsource ancillary
and routine tasks that are not
Speaker:core to the legal services of the firm
and that are more cost effective to
Speaker:outsource. So we already gave an
example, transcription services,
Speaker:medical record retrieval. Those are
not core to your legal services.
Speaker:Nobody cares who transcribes the memo
or who transcribes the letter or who's
Speaker:responsible for getting the medical
records. At the end of the day,
Speaker:it doesn't make any difference
to your customer, to your client,
Speaker:to the outcome in the case.
It's a back office function.
Speaker:And if you can do that in a more
cost-effective way by outsourcing it,
Speaker:you should outsource it. Number two,
Speaker:you should outsource tasks where there
is little to no strategic or competitive
Speaker:value in developing
individualized capacity.
Speaker:And I will give some examples of
that in a moment. And number three,
Speaker:you should outsource tasks.
Speaker:And this is kind of the flip
side of that second category.
Speaker:You should outsource tasks where there's
actually a strategic advantage to
Speaker:outsource to somebody with a higher level
of targeted expertise and experience
Speaker:than what you have than what
you can bring to the table. Now,
Speaker:hopefully that's not in the core area
of legal services you're practicing
Speaker:because if you're not the best or
confident in your ability to provide
Speaker:that service,
Speaker:then maybe you should go work for a
different law firm until you've burnished
Speaker:your credentials to a point where you
could offer or you feel confident that you
Speaker:are offering something of value from
your unique legal services that your firm
Speaker:can offer.
Speaker:But there are other things that you're
not going to be an expert at that you
Speaker:would gain value from and your clients
will gain value from having you actually
Speaker:outsource those things. So let's talk
about those are the categories I came up
Speaker:with. What are your thoughts about those?
Speaker:Do you have other categories or insights
into the ones that I've identified?
Speaker:Actually, I think those
categories are perfect.
Speaker:I don't have anything in addition to
those. But I think a lot of these things,
Speaker:especially your last one,
Speaker:which kind of sounded on the surface
like it flies in the face of your earlier
Speaker:ones,
Speaker:it really doesn't when we drill down into
that because there are areas that our
Speaker:attorneys and our legal services staff
are not going to have expertise in and it
Speaker:makes perfect sense for a strategic
advantage to utilize those from a third
Speaker:party. Maybe the most important thing,
Speaker:especially from a budgetary
standpoint is really identifying
Speaker:those routine or ancillary tasks that
you just don't want your people to do.
Speaker:We had a guest on, I forget,
Speaker:months ago and she was a CFO and
she was still opening the mail every
Speaker:day because it's something she just
always did. She'd come into the office,
Speaker:she'd open the mail, she'd sort it,
Speaker:she'd deliver it. And finally someone
said to her, "What are you doing?
Speaker:At your salary,
Speaker:your time should be spent better
elsewhere." And it sounds like such a
Speaker:minuscule thing,
Speaker:but she said that really opened her
eyes to what tasks should people
Speaker:not be doing that can either be gotten
rid of or can be assigned elsewhere
Speaker:to free up your team to do the
work they're supposed to be doing.
Speaker:And identifying those ancillary tasks
and getting them off everyone's plate
Speaker:might be the number one thing that
I would tell firms to address first.
Speaker:It's the more low hanging fruit.
Speaker:Agreed.
Speaker:And it's not just a time wasting issue
that people aren't maximizing the
Speaker:highest and best use of their time
with their credentials or their salary.
Speaker:It's also a burnout factor because people
are doing thankless wrote repetitive
Speaker:tasks that don't engage them,
Speaker:that don't engage creativity
or their intellectual needs,
Speaker:those people will leave.
Speaker:And then the time and effort it requires
to recruit and train somebody knowing
Speaker:that they're likely not going to last.
Speaker:Those are the perfect things to outsource,
make that somebody else's problem.
Speaker:And there's companies that then they
want that business because they've built
Speaker:systems that make those repetitive
thankless tasks something they can
Speaker:do efficiently and people that are
happy to have that work doing those
Speaker:things and probably turn over too,
Speaker:but they build that into
their business models.
Speaker:So we've talked about the concepts.
So let's move to the practical,
Speaker:how we've implemented those in our firm
and hopefully that will give folks an
Speaker:idea for parallel ways they could be
implemented in your own firm. So when I
Speaker:think about the first point that one
thing you want to insource is the core
Speaker:value added services that
define the product and service
that your firm delivers
Speaker:uniquely to the client, that doesn't
just include the legal services.
Speaker:That includes your vision, the
visionary elements of your business.
Speaker:We've talked a lot about that.
Your unique leadership structure,
Speaker:you can't outsource that.
You can't outsource,
Speaker:have somebody else develop
your vision for you.
Speaker:You can't have somebody else lead
your firm or manage your firm.
Speaker:You need to do that yourself, obviously.
We talked about the legal services.
Speaker:So whatever type of practice you're in,
Speaker:you're going to provide the legal
services. That's going to include lawyers.
Speaker:That's likely to include support
staff for lawyers, whether paralegals,
Speaker:legal assistants, case managers,
Speaker:whatever is required to perform your
value-added legal services at the highest
Speaker:level. In our type of practice,
Speaker:I also think the core value added
services include our intake process
Speaker:because the full experience
that a consumer has from
Speaker:their contact with our firm,
which is very important to us,
Speaker:begins with the first
phone call or contact,
Speaker:email and insourcing that.
And what I mean by insourcing it is
Speaker:insourcing the management of it.
Speaker:There can be elements of the
intake that we do outsource,
Speaker:but we'll talk about that in a minute,
but we don't outsource the process.
Speaker:We don't outsource our
evaluation of the data.
Speaker:We don't outsource the triaging of how
the cases are going to be triaged and
Speaker:handled case evaluation. So that can
start with that first phone call,
Speaker:but it in our case goes forward from
that to further analysis of whether this
Speaker:is a case we want.
Speaker:That's also something we really
can't and we don't want to outsource.
Speaker:So building that capacity
for us is valuable.
Speaker:And it offers us competitive
advantage. And in addition,
Speaker:because it allows us to be able
to cast a wide net to filter out
Speaker:a lot of different cases,
Speaker:to accommodate a lot of referring
attorneys who want to send us work because
Speaker:they know we will be responsive. Clients
will have a good experience when they
Speaker:interaction with our
firm. We won't miss cases.
Speaker:We'll be able to make informed decisions
about whether to take a case or not to
Speaker:maximize the value of that case asset.
Speaker:So those are all things you're
not going to want to outsource.
Speaker:In your own business, that may
include the intake function.
Speaker:Yo may not have a high enough volume
that that's something you really need to
Speaker:worry about,
Speaker:but there may be other things that go
along with the acquisition of work part of
Speaker:the business that you're
going to need to insource.
Speaker:The other area we talked about
was areas that you've identified
Speaker:as a business where building
unique capacity offers
Speaker:strategic or competitive advantage that
can be accomplished at an acceptable
Speaker:return on investment.
Speaker:Let me give you some examples
from our own business of that.
Speaker:So one is operations. That is
Jeff's function as a chief operating
Speaker:officer. So the question is some firms
don't have chief operating officers.
Speaker:They either have nobody who's
really full-time in that position,
Speaker:or they may choose to outsource
that by working with a vendor
Speaker:to retain a fractional COO, for example.
Speaker:So that's a question of what
is that capacity if you own
Speaker:it as a firm versus
outsourcing it to a vendor,
Speaker:where is the tipping point where there's
a strategic and competitive advantage
Speaker:to building that capacity
internally versus outsourcing it?
Speaker:And if you're going to build it
based on your own scale of practice,
Speaker:can you do so at an acceptable
return on investment? Now,
Speaker:if you only have a one or two lawyer
firm, the answer to that is probably no.
Speaker:The return on investment from hiring a
full-time COO is not an acceptable ROI
Speaker:for a two lawyer firm depending
on what the revenue is and so
Speaker:forth. But you get to a point
in scaling up that the ROI is
Speaker:acceptable and in my view,
Speaker:the strategic or competitive
advantage to owning that capacity to
Speaker:fully manage operations within
your own firm to develop unique
Speaker:capabilities and people with the
institutional knowledge and firm specific
Speaker:personal relationships
within the office, et cetera,
Speaker:is worth it at a certain point. Jeff,
Speaker:thoughts about insourcing of the COO role?
Speaker:Yeah, obviously I'm a little biased here,
Speaker:but it also depends on what the firm
is going to ask this individual to do
Speaker:and what expectations they have.
Speaker:Ben and Taylor here have given
me a lot of responsibility.
Speaker:They've been willing to let
go of a number of things.
Speaker:They've entrusted me with significant
decision-making ability and I could
Speaker:not do this role
effectively remotely or as a
Speaker:fractional COO without knowing the cases
Speaker:and more importantly, knowing the
staff and all the employees intimately.
Speaker:I'm much better at my job
by being onsite hands-on
Speaker:and my ability to manage the
day-to-day and manage the
Speaker:personalities and be able
to deliver appropriate
Speaker:answers to the senior management
team and make appropriate suggestions
Speaker:couldn't be done as a fractional.
Speaker:If you have a paired down
version of your operations,
Speaker:you want them to just
handle very specific things,
Speaker:you might be able to get away with it.
But if you're going to ask a lot of this
Speaker:individual, it's funny, we
just hired a new litigation,
Speaker:new IECU attorney and during
the interview process,
Speaker:one of the things that she
said was intriguing about
our firm was the fact that
Speaker:Ben and Taylor hired a non-attorney
to run the day-to-day and that we're
Speaker:treating it like a business.
She has not worked.
Speaker:This is someone that's been in
the field, I think, a dozen years.
Speaker:She said she has not worked at a
firm that was structured like that.
Speaker:And that was one of the things that
intrigued her about coming to work here.
Speaker:That's a great example of where that
provides strategic and competitive
Speaker:advantage because I mean, she
was a highly qualified person,
Speaker:great academic background,
federal clerkships,
Speaker:somebody that we think very highly of
and could probably work at a lot of
Speaker:different places and she wanted to be
somewhere that was well run like that.
Speaker:And having been at other firms
that weren't run that way,
Speaker:that was something that
was important to her.
Speaker:So that gave us a competitive advantage
in that marketplace of recruiting and
Speaker:hiring that we wouldn't
have otherwise had.
Speaker:I actually think that's been true of a
number of our staff that have come here
Speaker:because they want to be in an
environment where they feel supported,
Speaker:where they have somebody that they can
work with as a mentor to help them grow
Speaker:professionally.
Speaker:So that's just one way in which having
a full-time COO I think does provide you
Speaker:competitive and strategic advantage,
Speaker:especially if you're competing against
firms that don't have that because
Speaker:they're not going to have the ability to
execute business operations in the way
Speaker:that we can.
And so when there's,
Speaker:whether it's a marketing issue
or recruiting issue or employee
Speaker:attorney compensation,
whatever the case may be,
Speaker:we are going to be able to execute
on that better and therefore provide
Speaker:ourselves a strategic advantage
and that just grows over time.
Speaker:So as that capacity improves,
our advantage increases.
Speaker:So it's something in our view that could
be done with our scale and acceptable
Speaker:return on investment and did provide a
significant and competitive advantage and
Speaker:continues to do so. Other areas
that we've identified like that,
Speaker:finance and financial reporting.
Speaker:Many firms outsource their entire
bookkeeping and financial function.
Speaker:We've elected not to do that.
We do outsource aspects of that,
Speaker:which we'll get to in a moment,
Speaker:but our core finance function is
insourced because when you've got a
Speaker:business that's managing millions and
tens of millions of dollars running
Speaker:through your accounts and there's a lot
of strategic planning that you need to
Speaker:do based on cash flow and based on
understanding revenues and sources of
Speaker:revenue and millions and tens of
millions of dollars running through your
Speaker:accounts and there's a lot of
strategic planning that you need to do
Speaker:based on cash flow and based
on understanding revenues
and sources of revenue
Speaker:and decisions on expense side
of things and compensation,
Speaker:having that capacity and building that
over time is extremely valuable. And the
Speaker:person we have doing
that not only does that,
Speaker:but then she translates
that into extremely useful
reporting that allows us to
Speaker:keep track of all of our KPIs and
metrics on a weekly basis to track our
Speaker:progress. Again,
Speaker:I think having that capacity
insourced is incredibly valuable.
Speaker:Nobody else on an outsource basis is
going to learn and know our firm like
Speaker:that and be able to provide that level
of transparency and detail into our
Speaker:operations at a very intrinsic level
that allows us to manage our firm
Speaker:effectively. Again, many
firms outsource that,
Speaker:but we've elected to insource
it for the reasons discussed.
Speaker:Marketing is a tricky one because
it's something that as lawyers,
Speaker:we don't have a lot of inherent
knowledge or capacity to
Speaker:understand necessarily advantage.
Speaker:And there's lots of different vendors out
there that would be happy to take your
Speaker:money to promise you the world
in terms of marketing claims
Speaker:that what they can deliver for you. We
are barraged by that on a daily basis on
Speaker:social media and email and so forth.
Originally, when we started our firm,
Speaker:we had outsourced all of
our marketing efforts, SEO.
Speaker:We talked about web management,
social media, all of that.
Speaker:And we became increasingly frustrated
with that because what we have found in
Speaker:the marketing space is that there's a
very formulaic approach to how law firm
Speaker:marketing vendors operate.
And it's really no fault.
Speaker:They're all working on small margins.
Speaker:And so the business model is really to
provide a standardized basically cookie
Speaker:cutter program to law
firms in exchange for a
Speaker:monthly fee that can seem quite
high for what they're providing,
Speaker:which is very minimal.
Speaker:You also don't gain any competitive
advantage from that because all of your
Speaker:competitors are buying the same standard
program from some other marketing
Speaker:vendor that's operating on the same low
margin that's providing the same exact
Speaker:service. So everybody has the same
website, the same SEO material,
Speaker:the same junkie blog posts
written by 24-year-old kids who no
Speaker:experience in the law and et cetera.
Speaker:So at some point we just decided if we
want to take that function seriously,
Speaker:we needed to insource that
and build real capacity.
Speaker:And that has been a really
great development for us.
Speaker:When we went out to locate somebody
to do that job, we were very,
Speaker:very dubious that we would be able to
find somebody who could check off all the
Speaker:boxes that would understand the
digital side of marketing from
Speaker:websites to SEO to social media,
Speaker:but also have enough managerial and
strategic insight that could lead that
Speaker:function for us and provide us
good advice. But we decided, "Hey,
Speaker:we'll just put it out there and see who
comes through the door." And we ended up
Speaker:finding somebody who really checked all
of those boxes and has been a great fit.
Speaker:And it's really been phenomenal to see
how that's translated into building our
Speaker:unique capacity on a marketing
front. Jeff, finance and marketing.
Speaker:The biggest things for me,
Speaker:I'll talk generally first is by us
deciding to keep these in- house,
Speaker:we've put a high value
on somebody creating
Speaker:institutional knowledge and being able
to utilize that knowledge to do their
Speaker:job more efficiently.
Speaker:I think outsourcing marketing
or outsourcing your finance,
Speaker:they're not going to have
that institutional knowledge.
Speaker:They're not going to know
the ins and outs of the firm.
Speaker:You're going to be
missing something. I mean,
Speaker:our finance person is absolutely amazing.
Speaker:We're very transparent with finances here.
Speaker:But also a big thing is we
make a lot of our decisions,
Speaker:virtually everything
based on science and data.
Speaker:And we're doing internal
projections on case costs and
Speaker:internal projections on
when case resolutions are
going to happen and what our
Speaker:cashflow is going to look like.
Speaker:That's very difficult to do at that
granular level by outsourcing that
Speaker:function.
We do have an outside bookkeeping firm.
Speaker:Very recently we had a bookkeeper
and the firm outgrew them.
Speaker:There's nothing wrong with that.
Speaker:You're going to outgrow
vendors as you begin to scale.
Speaker:So like I talked about before, myself
and our head of finance, Christine,
Speaker:vetted different bookkeeping firms and
met with them and got proposals from them
Speaker:and everything and made a determination.
Speaker:We switched about three months ago and
we're through and they're a firm that can
Speaker:scale with us and she works hand
in hand with them weekly on things
Speaker:and is able to provide
extremely good data that really
Speaker:formulates decisions made at
the senior management level.
Speaker:I'd say the same thing for marketing.
If you want to outsource it,
Speaker:you just need to realize that firm that
you're outsourcing that to is going to
Speaker:be working with 20, 30, 40 other
clients. They are not eating,
Speaker:sleeping,
Speaker:thinking about your firm and what can be
done and what tweaks they can make. We
Speaker:made a decision with
increasing our marketing spend,
Speaker:doing direct to consumer
for the first time.
Speaker:We need somebody thinking
about Gideon Asin only.
Speaker:If we're going to do this right,
Speaker:we need someone 100% committed to
us and we've brought it in- house.
Speaker:Matt's been with us for I think right
around a year now we wouldn't look back.
Speaker:It was a fantastic decision for us.
Speaker:Yeah.
Speaker:And the other thing about both the finance
and the marketing functions is once
Speaker:you insource it and build the
capacity internal knowledge,
Speaker:it actually makes your vendor
relationships better and more
Speaker:efficient and more profitable for you
because they can manage those vendor
Speaker:relationships better than you could
if you didn't have that capacity.
Speaker:So for instance, on the marketing side,
Speaker:we still use a third party vendor to do
our webmastering and to do some of our
Speaker:SEO stuff because we don't
want our fairly high salaried
Speaker:marketing director to be doing all of
the mundane day-to-day things to just
Speaker:keep the website functioning. And
if he needs something specific done,
Speaker:he can outsource that to them.
Speaker:What he does is provides us complete
transparency into what they're doing.
Speaker:And he'll say, for example, last
month they did these three things.
Speaker:That doesn't ad any value.
Speaker:I'm going to tell them to stop doing that
and to take their dollars and do this
Speaker:other thing with those dollars instead.
And so now we're getting good value out
Speaker:of that vendor in addition to
having our marketing person.
Speaker:I would say the same on the finance side.
Speaker:We identified a problem
with the billing, I'm sorry,
Speaker:with the bookkeeper because we had
somebody who was deeply into that and were
Speaker:able to trage that and find a
different solution to that quickly.
Speaker:Just some other examples of areas, again,
where you can build unique capacity.
Speaker:We did that with our focus groups.
Speaker:We built out a separate company that
manages focus groups because what we
Speaker:recognize is we do a lot
of jury focus groups.
Speaker:We didn't want to have to spend money
on an outside vendor where that can be
Speaker:very expensive.
Speaker:They don't really add a lot of value
above what we can do on our own.
Speaker:And we are able to insource
that by creating a separate
company with a different
Speaker:name that can run social media ads,
Speaker:recruit people for our focus groups.
And we can do all that in- house for a
Speaker:fraction of what we would pay if we had
to hire someone to perform focus groups
Speaker:for us.
Speaker:And that gives us the flexibility to
do a lot more focus groups when we like
Speaker:doing those.
Speaker:There's another area we've recently
discussed about insourcing to build unique
Speaker:capacity and that has to do
with our chief AI officer.
Speaker:I'm going to table that for the moment
and we'll get back to the listeners once
Speaker:we've circled back and made final
decisions about that and can report out on
Speaker:that. Let's talk about areas
where we've outsourced.
Speaker:So we talked about one area of outsourcing
is for ancillary and routine tasks
Speaker:that are not core to the legal services
of the firm and are more cost effective
Speaker:to outsource. I already gave an example
of that. The transcription service LEX.
Speaker:Second example for our practice,
Speaker:medical records retrieval streamlined.
Another example,
Speaker:which we alluded to in the context of
intake, we outsource elements of that.
Speaker:So while we do intakes with real humans
in our office taking phone calls during
Speaker:normal work hours,
Speaker:we have outsourced overflow
calls and after hours calls.
Speaker:So if we get too many calls at
once, they bounce to the outsource.
Speaker:If they come in on
weekends or after hours,
Speaker:they bounce to the outsourced
service. We had used one service.
Speaker:It was okay but not great.
Speaker:And we've recently changed to a different
service and we'll get back to folks on
Speaker:that. But part of our
thinking is trying to,
Speaker:particularly with the development of AI,
Speaker:see what elements of the high
volume of calls that we need to
Speaker:field can be effectively fielded at
a good return on investment without
Speaker:missing important cases
and still providing a good
customer experience can be
Speaker:outsourced using AI. And what percentage
of those are we going to continue to
Speaker:have to keep with in- house
and continue to insource?
Speaker:So that's a continuous process that
we're very involved in managing.
Speaker:I don't know if you wanted
to talk on that for a moment.
Speaker:Any firm should be very focused
on their intake procedure. I mean,
Speaker:obviously that's where you're
probably getting a lot of your cases.
Speaker:It's that first line of
defense, it's the first voice.
Speaker:It's you need that person to instill
confidence in that potential client
Speaker:and be able to react
as quickly as possible.
Speaker:Ben had talked about back in the day
having the medical records person and that
Speaker:being a very high burnout position.
Speaker:I really think the only potentially
high burnout position we have left in-
Speaker:house at the firm is
our intake coordinator.
Speaker:We are extremely lucky to have a
young woman named Katrina who is just
Speaker:fantastic at her job,
Speaker:but it comes to a point as we're scaling,
Speaker:there's only so much one person can do.
Speaker:We're at a point where you
need to make a decision.
Speaker:Do we try and find another Katrina,
bring another full-time employee on,
Speaker:pay all the benefits and everything,
Speaker:or do we try and utilize a third
party to support her with that after
Speaker:hours, with that overflow,
Speaker:without losing that personal touch
that this firm is very proud to
Speaker:have. And Bennett alluded to
it. We're making a change.
Speaker:They're actually implementing the
logic into their AI system as we speak.
Speaker:And I should have that demo back for us
to vet this week to see how that goes.
Speaker:Focus on your intake.
Speaker:It's something that you can do a
mix of in- house and outhouse and
Speaker:outsourced and do it properly.
Speaker:The second category of areas that are
appropriate to insource, in our opinion,
Speaker:are tasks where there's little to
no strategic or competitive value in
Speaker:developing individualized
capacity. In a sense,
Speaker:they're just things you're not in the
business of that somebody else is in the
Speaker:business of that they can do better than
you and there's no reason to reinvent
Speaker:the wheel. If they can provide
those services at a reasonable cost,
Speaker:you're better off outsourcing them and
insourcing them isn't going to do much
Speaker:for you in terms of your competitive
or strategic position anyway.
Speaker:So outsource if possible. So we
already talked about one of them,
Speaker:which is information technology,
basic IT services, outsource that.
Speaker:Another category we've noted
ancillary HR related. So payroll,
Speaker:we're not in the payroll business.
Someone else perfected that business.
Speaker:Outsource it. Employment
lawyer, outsource it,
Speaker:unless you're an employment lawyer
yourself. Ancillary finance related.
Speaker:So we talked about bookkeeping.
That's kind of routine stuff,
Speaker:making sure things are in the
right columns on the spreadsheet,
Speaker:making sure things are categorized
appropriately, outsource it,
Speaker:outside auditing.
Speaker:Obviously that's something
you by definition need to
outsource. Tax accounting,
Speaker:you're going to outsource that.
Marketing, ancillary marketing.
Speaker:So although we have a marketing
director, as I mentioned,
Speaker:we have an outside firm
that does our web mastering,
Speaker:basically maintaining the website,
making edits or alterations to it. SEO,
Speaker:some basic SEO functions as managed
by our marketing director ad and video
Speaker:production, that's
outsourced. We're doing video.
Speaker:There could come a point where it makes
sense for some firms to have a full-time
Speaker:video production capability.
Speaker:I do think that that is something in the
future we may consider because it could
Speaker:ad unique value,
Speaker:but it's hard to see how it adds a lot
more value than what it can do for us if
Speaker:we're outsourcing the same function with
somebody we've grown to know and trust
Speaker:and that's worked well for us.
Basic design. So designing ads,
Speaker:for example, I'm talking about print
ads, things like that. We outsource that.
Speaker:Here's the category we
were talking about earlier,
Speaker:which is kind of the inverse of what
we're generally saying where value added
Speaker:things, you want to insource them,
Speaker:but there are some kind of more
rare and targeted value added
Speaker:things that you aren't going to be
the best in yourself that you may
Speaker:need and your business is going
to be enhanced by outsourcing.
Speaker:So one example I put on our list is
appellate work. So we're trial lawyers.
Speaker:We're very good at trying cases.
Speaker:We're very good at getting
good results for our clients.
Speaker:We do not do a high volume of appeals.
Speaker:And when you're in a plaintiff's practice,
Speaker:you don't want to do a lot of appeals
because it ties up time and ties up money
Speaker:and prevents your clients from getting
paid for a prolonged period of time. But
Speaker:when we have high leveraged appeals,
Speaker:there are firms that specialize
in handling only appeals.
Speaker:They have the ability to dedicate 100%
of their time and attention to doing the
Speaker:appeal in a big case.
Speaker:And we've just decided in some instances
that it's better to work with a firm
Speaker:like that than to tie up our
own lawyers doing appeals.
Speaker:We're going to get a better work product.
Speaker:It's a good return on investment
for a third party to handle that.
Speaker:We do targeted contract work.
Speaker:So sometimes we get a high volume of legal
research and writing that needs to be
Speaker:performed that needs to
be done at a high level,
Speaker:but that can be in a discreet way
outsourced to a contract lawyer
Speaker:who can do good quality legal
research and writing tasks for us.
Speaker:Don't tie up our litigators doing an
overwhelming amount of legal research and
Speaker:writing. And we get overall a better
worked product because we have a single
Speaker:person who can be dedicated to doing
one writing assignment at a time.
Speaker:So that's an example. Big data. We do
a lot of big data studies in our cases.
Speaker:They're firms that handle big data.
Speaker:We've thought a lot about internalizing
the function of doing big data,
Speaker:but it's a big proces to acquire this
knowledge and skills and infrastructure to
Speaker:do that. At this point, the ROI
on that hasn't made sense for us,
Speaker:so we continue to outsource it.
Speaker:We've now chosen to outsource podcast
production as evidenced by LawPod's
Speaker:involvement in this podcast.
Speaker:So there were a number of years in the
first three and a half years or so of
Speaker:doing my other podcast,
the Trial Lawyer Podcast.
Speaker:We did a lot of that in- house,
Speaker:but at some point the ROI to outsource
that became obvious and we now
Speaker:outsource podcast production to
LawPods who does a phenomenal job. Firm
Speaker:consulting. We have an outside
consultant we've talked about before,
Speaker:Melissa Shanahan at VelocityWorks. Again,
Speaker:that's something we
could do in- house. Jeff,
Speaker:you could convene our quarterly
meetings, you could run the meetings.
Speaker:We've decided that there's a value
in having somebody who's an expert in
Speaker:facilitating meetings handle that for
us instead of doing that ourselves.
Speaker:Another category I have is
jury consultants. We hire
jury consultants. Again,
Speaker:they're specialized in doing jury
selection, helping us with voir dire.
Speaker:We could do that ourselves.
Speaker:We think there's additional
value in outsourcing that.
Speaker:So those are some examples
of that. Depending on what
kind of practice you have,
Speaker:there's innumerable examples that fit
into all of these different categories.
Speaker:I think the key here takeaway is start
with those big picture categories.
Speaker:Try to think strategically and
critically about each item.
Speaker:Does it make more sense to insource it?
Does it make more sense to outsource it?
Speaker:And if anybody has questions
about it or looking for possible
Speaker:vendors that we've used and liked,
happy to field any questions for folks,
Speaker:just send us an email or give us a call.
Speaker:Good. I know we're coming up against
time, Ben, and your next appointment,
Speaker:so that was good. Very well thought out.
Speaker:Yeah. And so when you
start going down the list,
Speaker:you realize it's a lot of stuff.
Speaker:I probably have only covered about two
thirds of it, but it gives you a sense.
Speaker:Yeah, it's a lot more decisions
than you think there is. Yeah.
Speaker:And when you see the checks
go out, you realize that.
Speaker:Hopefully they come in at
equal rate. Well, thanks folks.
Speaker:We'll catch you next time.
Speaker:Appreciate it. Have a good one.
Speaker:Take care. Bye-bye.
Speaker:Thanks for listening to Elawvate,
build and grow your law firm.
Speaker:Share with colleagues if you
found it valuable. Remember,
Speaker:building a successful law firm takes
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Speaker:but you're not alone. Produced
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