Latest / Chief in Tech Deep Dive Shortcast / Chief in Tech S1E46 - Kalina Tonkovska : Transforming Legal Operations – The Impact of Automation and AI
Transcript
- 0:00I want you to think for a second about the backbone
- 0:03of literally every business interaction you have.
- 0:06Oh, the stuff no one really wants to think about.
- 0:08Right, exactly. But I mean, whether you are leading
- 0:11a massive team or prepping for a board meeting
- 0:14or just, you know, signing up for a new software
- 0:16tool, there is one thing sitting at the center
- 0:19of it all, the contract. Always the contract
- 0:21always but there is this glaring paradox right
- 0:25now If you look at how software has radically
- 0:28transformed entire industries over the last decade
- 0:30I mean we have algorithms predicting global supply
- 0:34chain shifts in milliseconds Yeah, and self -driving
- 0:36cars navigating city streets exactly yet The
- 0:40very promises that make all of that business
- 0:42happen, the contracts, they are treated like
- 0:44ancient artifacts. They really are. They're just
- 0:46snatic documents, buried in cloud folders, locked
- 0:49away in PDFs, or completely lost in some endless
- 0:53chain of emails. It is a striking contradiction,
- 0:56honestly. We are operating in this hyper -fast
- 0:59digitally native world, but the legal framework
- 1:02holding it all together hasn't evolved much past,
- 1:05well, the digital equivalent of paper in a filing
- 1:08cabinet. A digital filing cabinet. Right. You
- 1:11have this massive asymmetry between the speed
- 1:14of a company's technology and the speed of its
- 1:16legal agreements. Which is exactly what we are
- 1:18tackling in today's Deep Dive. We are pulling
- 1:21from a really fascinating session titled, Contracts
- 1:24That Think. AI -driven operations. A great session.
- 1:28Yeah, it was presented by Kalina Tunkowska. She's
- 1:31the founder and CEO of a UK -based company called
- 1:34Programmatic. And our mission today is to explore
- 1:37this fundamental shift she outlines, taking these
- 1:40passive dead documents and turning them into
- 1:43living breathing systems. Which is a huge leap.
- 1:45It is. We are going to look at how AI is bridging
- 1:49the gap between a written promise and actual
- 1:53automated business operations. And the stakes
- 1:55here go far beyond just, you know, upgrading
- 1:57a filing system. The shift toward what Tonkovska
- 2:00calls programmatic agreements, it's about fundamentally
- 2:03changing the nature of a business deal. Changing
- 2:05the DNA of the deal itself. Exactly. We're moving
- 2:08away from simply managing contracts to letting
- 2:11the contracts manage the operations. Wow. OK.
- 2:14But before we get into the mechanics of how an
- 2:17AI -driven contract actually works, we really
- 2:20need to understand the problem with the current
- 2:22status quo. Right. The baseline. Yeah. We have
- 2:25to look at how dead our current systems are to
- 2:28appreciate why this shift is even necessary.
- 2:31Because a contract is fundamentally defined as
- 2:33a promise to make things happen. A promise to
- 2:36make things happen. I like that. But right now,
- 2:38instead of driving action, they create bottlenecks.
- 2:41They are completely passive. It reminds me of
- 2:44an old recipe card locked in a kitchen drawer.
- 2:47Oh, that's a good way to look at it. Right. The
- 2:49recipe tells you exactly what to do. It has all
- 2:51the instructions, the exact measurements, the
- 2:53temperature for the oven. But it is just sitting
- 2:56there in the dark. Just waiting. Yeah. It can't
- 2:58actually cook the meal for you. You still have
- 3:00to source the ingredients, measure them out,
- 3:02and do all the heavy lifting yourself. The recipe
- 3:04card has all the logic. but zero execution capability.
- 3:08That perfectly captures how traditional contracts
- 3:11function. I mean, when you sign a standard vendor
- 3:13agreement or a service level agreement, all you
- 3:18have done is agree on the rules of engagement.
- 3:20You've just written the recipe exactly you establish
- 3:23the pricing the deliverables the compliance standards
- 3:26the timelines But the moment the digital signature
- 3:28is stamped that document just goes to sleep It
- 3:32goes right into a subfolder on a hard drive never
- 3:34to be seen again until I don't know someone threatens
- 3:37a lawsuit or until someone misses a payment Yeah.
- 3:39And this is the core operational roadblock, right?
- 3:43Business moves at breakneck speed, but when the
- 3:45promises that dictate how that business should
- 3:47operate are locked inside a static PDF, the execution
- 3:51of those promises slows to an absolute crawl.
- 3:54Because humans have to step in. Yeah, humans
- 3:57have to manually read the text, extract the obligations,
- 4:00plug them into a project management tool, set
- 4:02calendar reminders for renewals. The calendar
- 4:04reminders. And constantly cross -reference spreadsheets
- 4:07just to make sure they're remaining compliant.
- 4:09The contract itself is doing absolutely zero
- 4:11work to ensure its own promises are kept. Okay,
- 4:14let's unpack this. Because if a static document
- 4:17is the bottleneck, how exactly does technology
- 4:19inject life into it? Donkowska describes these
- 4:23programmatic documents as intelligent self -executing
- 4:27agreements that combine natural language with
- 4:30executable code. Yes. Now, I got to say, when
- 4:33I hear executable code mixed with a legal agreement,
- 4:36my immediate fear is the barrier to entry. Sure.
- 4:39People get intimidated. Right. Does that mean
- 4:42every business now needs to hire an army of software
- 4:45developers just to sign a standard vendor agreement?
- 4:49Do I need an engineer sitting next to my legal
- 4:51team for every single deal? That is the trap
- 4:54most people fall into when they hear the word
- 4:55code. They immediately assume they need developers.
- 4:58It sounds expensive. It does, but the reality
- 5:00is the opposite. The current state of the technology
- 5:03allows any business to elevate their contracts
- 5:06into programmatic agreements by leveraging large
- 5:09language models, or LLMs. You use those alongside
- 5:12platforms that provide this specific infrastructure.
- 5:15The AI is the thing doing the heavy lifting of
- 5:17translation. Let me push back on that for a second,
- 5:19though. If this AI is acting as a translation
- 5:22layer, executing code based on legal text, what
- 5:25happens if it hallucinates? Ah, the hallucination
- 5:29question. Yeah! I mean, if the LLM misinterprets
- 5:32a standard net -30 payment term as... I don't
- 5:35know, net 300, does the system just blindly delay
- 5:38my payments for 10 months? That is a critical
- 5:40distinction to make about how this technology
- 5:42is actually deployed. We aren't talking about
- 5:45a generative AI chatbot just freely writing code
- 5:49or making unguided decisions. So it's not just
- 5:52chat GPT writing my contracts? No, not at all.
- 5:54In a programmatic contract platform, the AI acts
- 5:57as a highly structured extraction and mapping
- 6:00layer. It reads the plain English, or whatever
- 6:02natural language you are using, and it recognizes
- 6:05specific conditions, dates, and deliverables.
- 6:07Okay. And then it maps those variables into a
- 6:10rigid, predefined logic framework. So it's not
- 6:12writing the software from scratch. It's more
- 6:14like filling out a digital logic puzzle based
- 6:16on the contract's text. Think of it like a series
- 6:18of if -then statements. If -then statements.
- 6:20Got it. The AI translates the legal text into
- 6:23structured logic, like if condition X is met,
- 6:27then trigger action Y. Right. Once that logic
- 6:29is established, the platform uses standard software
- 6:33mechanisms, like APIs and webhooks, to communicate
- 6:36with your existing tools. Can you give me an
- 6:38example of that? Sure. Let's say the contract
- 6:41stipulates a payment is due upon approval of
- 6:44a deliverable. The AI doesn't hold your money.
- 6:47Instead, the programmatic contract is integrated
- 6:50directly with your project management software
- 6:52and your accounting software. When the project
- 6:55manager clicks approved in the management tool,
- 6:58that system sends a signal to the contract. The
- 7:00contract acknowledges the if condition has been
- 7:02met and automatically pings your accounting software's
- 7:06API to instantly issue the invoice. So the AI
- 7:09is just the bridge that takes the plain text
- 7:11and wires it into the actual digital nervous
- 7:13system of the business? Exactly. The contract
- 7:15is literally talking to the CRM and the accounting
- 7:18software, which brings us to the real world impact.
- 7:22So what does this all mean? Automating this agreement
- 7:25logic obviously cuts down on operational expenses,
- 7:28right? By eliminating manual tasks across administration,
- 7:32project management, and account management. Massively.
- 7:35But what does this actually look like on the
- 7:37ground? If the API is firing off the invoices
- 7:39and checking the deliverables, what happens to
- 7:41the account managers? Are we basically putting
- 7:44project managers and account managers on autopilot?
- 7:47Are we just automating them out of a job? It's
- 7:50a fair question, but no. We are just removing
- 7:52the robotic tasks from the human's plate, which
- 7:55actually elevates the role of the account manager.
- 7:57It elevates how? Well, consider what an account
- 7:59manager does on a daily basis in a traditional
- 8:01setup. A massive portion of their week is spent
- 8:04double -checking things. True. Lots of admin.
- 8:06Yeah. Did the client hit the usage tier that
- 8:08triggers a billing increase? Did we deliver the
- 8:11localized assets by the date specified in section
- 8:15four paragraph B of the master service agreement?
- 8:18Digging through PDFs again. Exactly. A programmatic
- 8:21contract handles that monitoring automatically.
- 8:25It knows the rules, it actively monitors the
- 8:27data feeds from the product, and it executes
- 8:29the action, like sending the upgraded invoice
- 8:32or flagging a missed deadline to the internal
- 8:34team. So it's absorbing all that administrative
- 8:37busy work so the humans can actually manage the
- 8:39relationships and the strategy. Yes. They aren't
- 8:42spending their Fridays buried in spreadsheets
- 8:44trying to figure out who owes what. Which honestly
- 8:47sounds like a dream. It is the definition of
- 8:49moving at the speed of software. But beyond just
- 8:52saving time on invoicing, the most significant
- 8:55impact on the company's bottom line is the reduction
- 8:57of legal risk. The risk factor. The ability to
- 9:00automatically remain compliant with regulatory
- 9:02changes is a massive shift. Let's explore that,
- 9:06because the word compliance usually strikes fear
- 9:08into the heart of literally any operations team.
- 9:11Oh, absolutely. How does a thinking contract
- 9:13handle a sudden regulatory change better than,
- 9:16say, a human legal team? Well, think about the
- 9:20traditional static process when a new regulation
- 9:23drops. Say there's a major update to data privacy
- 9:27laws like GDPR or a new state tax code. Panic
- 9:31ensues. Total panic. Suddenly, a company has
- 9:34to scramble. The legal department has to manually
- 9:36review thousands of existing contracts to figure
- 9:39out which vendors, clients, or partners are affected
- 9:42by the new rule. Which takes forever. Forever.
- 9:44Then they have to manually draft and send out
- 9:47amendments. It is highly reactive, slow, and
- 9:50incredibly prone to human error. You were basically
- 9:53hoping a tired paralegal doesn't miss a crucial
- 9:55clause in a 50 -page document. Exactly. Now consider
- 9:58the programmatic approach. If your contracts
- 10:01are structured as living logic, and they're integrated
- 10:03with a system that monitors regulatory databases,
- 10:06the contract itself can cross -reference its
- 10:08own terms against the new law. Wait, really?
- 10:10It checks itself? It checks itself. It can automatically
- 10:13flag itself to the legal team, highlighting the
- 10:15exact clause that is now non -compliant. In some
- 10:18advanced setups, it can even halt specific automated
- 10:21workflows, like data sharing with a third -party
- 10:23vendor until the compliance issue is resolved.
- 10:26Wow. It shifts the entire organization from a
- 10:30reactive panicked legal strategy to a proactive
- 10:33automated one. That's the beauty of it. That
- 10:35is a fundamental paradigm shift for risk management.
- 10:39But here's where it gets really interesting to
- 10:40me, because it is one thing to automate basic
- 10:43admin tasks and act as a compliance guardrail,
- 10:46right? Right. The real leap happens when you
- 10:49embed these contracts deeply into the company's
- 10:51ecosystem to track performance. The concept of
- 10:55applying adaptive learning for real -time actionable
- 10:57insights. Yes, adaptive learning. If we go back
- 11:00to that recipe card analogy we talked about earlier,
- 11:02it's not just that the recipe is now cooking
- 11:05the meal for you. It's like having an incredibly
- 11:08observant data analyst baked right into the fine
- 11:11print. I love that. It's watching how the business
- 11:13performs, noticing that you always run out of
- 11:15flour on Tuesdays, and then dynamically adjusting
- 11:18the supply order for next week. What's fascinating
- 11:20here is that term you used, adaptive learning.
- 11:22That is the key differentiator. A traditional
- 11:24contract only looks backward. Backward, how so?
- 11:27It is a historical record of a promise made in
- 11:30the past under a specific set of circumstances,
- 11:33totally frozen in time. But a programmatic contract,
- 11:37because it is embedded in the operational ecosystem,
- 11:41is looking forward. Because it's a living system
- 11:43absorbing performance data in real time. Exactly.
- 11:47It isn't just executing a past promise. It is
- 11:50actively learning from the execution of that
- 11:53promise to generate insights for future decisions.
- 11:56Do you have an example of that? Let's look at
- 11:58vendor management. Suppose you have programmatic
- 12:01contracts with 10 different logistics suppliers.
- 12:04Because these contracts are intrinsically linked
- 12:07to your supply chain tracking software, they
- 12:09are constantly measuring their own performance
- 12:11against their stated obligations. OK, tracking
- 12:14the metrics. Right. And the system can aggregate
- 12:16that data and tell you, you know, supplier A
- 12:19consistently meets delivery deadlines 20 % faster
- 12:22than supplier B, but supplier B has a significantly
- 12:24lower rate of damaged goods. Oh, wow. So you
- 12:27aren't waiting for a quarterly review to figure
- 12:29that out. No, not at all. The contracts themselves
- 12:31are bubbling up the intelligence. It turns the
- 12:34legal department, which is traditionally viewed
- 12:36as just a cost center, into a real -time data
- 12:39engine for the operations team. Which perfectly
- 12:42aligns with Kalina Tunkowska's entire thesis.
- 12:45She didn't arrive at this concept purely from
- 12:47a legal perspective. She arrived at it from an
- 12:49operational one. That makes total sense. Her
- 12:51track record involves scaling lean startups,
- 12:54focusing on product innovation, and building
- 12:56data -driven teams that move exceptionally fast.
- 12:59When you're trying to scale quickly, anything
- 13:01that doesn't actively contribute to momentum
- 13:03is a liability. Dead data is a liability. And
- 13:07a static PDF is the ultimate form of dead data.
- 13:10Completely. From Tonkowska's perspective, efficiency
- 13:14and automation aren't just cost -saving measures.
- 13:16They're the baseline requirements for survival
- 13:18in a digitally native market. Yeah, you have
- 13:20to have it. And while this applies broadly to
- 13:23all businesses, she specifically calls out three
- 13:26industries that stand to gain a massive competitive
- 13:28advantage by adopting AI -driven operations.
- 13:32Real estate, finance, and healthcare. Okay, I
- 13:34want to dig into those three because they are
- 13:37heavy hitters. Why real estate, finance, and
- 13:41healthcare specifically? What makes them the
- 13:43perfect candidates for a complete overhaul of
- 13:46how they handle agreements? It really comes down
- 13:48to their unique vulnerabilities. These three
- 13:50sectors share a very specific operational profile.
- 13:54They are heavily regulated, they carry massive
- 13:57administrative overhead, and they rely on incredibly
- 13:59dense complex contracts to execute even the most
- 14:03basic transactions. Yeah, they are notoriously
- 14:06bogged down. Right. They're industries where
- 14:08the friction of the static contract is the most
- 14:10painful. Let's start with real estate then. That
- 14:13is an industry practically built on towering
- 14:16stacks of paper. Oh yeah. How does a programmatic
- 14:18contract actually change the game there? Consider
- 14:21the escrow process in commercial real estate.
- 14:24It involves multiple parties, right? Buyers,
- 14:27sellers, banks, title companies, local governments,
- 14:30and a highly sequential list of dependencies.
- 14:32Like a domino effect. Yes. Funds cannot be released
- 14:35until the title is cleared and the title cannot
- 14:37be cleared until the inspection contingency is
- 14:39lifted. In a traditional setup, humans are manually
- 14:42verifying each of these steps, sending emails,
- 14:45and waiting for manual sign -offs. Which takes
- 14:47weeks. Exactly. A programmatic contract wires
- 14:51all of those dependencies together. Once the
- 14:54digital title verification is confirmed via an
- 14:56API from the local municipality and the inspector's
- 14:59digital sign -off hits the system, the contract
- 15:02automatically triggers the bank's API to release
- 15:05the escrow funds. Wow. You eliminate days or
- 15:08even weeks of administrative waiting. Instantly.
- 15:11You take a process that usually requires a dozen
- 15:13phone calls and compress it into an instant digital
- 15:16handshake. That makes total sense. What about
- 15:18finance? The stakes there are obviously tied
- 15:21heavily to market volatility and compliance.
- 15:24Finance is the perfect environment for programmatic
- 15:26agreements because the data is already highly
- 15:28structured. Take something like a margin loan
- 15:30agreement where a client borrows money against
- 15:33the value of their investment portfolio. Okay.
- 15:36The contract stipulates that if the portfolio
- 15:38value drops below a certain threshold, a margin
- 15:40call is issued requiring the client to deposit
- 15:43more funds. Right, a pretty standard setup. Right.
- 15:46But a programmatic contract tied directly to
- 15:49real -time market data feeds doesn't need a risk
- 15:52manager to run a daily report. The moment the
- 15:54market dips and the threshold is breached, the
- 15:57contract executes the margin call automatically.
- 16:00Immediately. It guarantees zero compliance drift
- 16:03and completely removes the human latency that
- 16:05can cost a financial institution millions in
- 16:08a volatile market. It's enforcing its own terms
- 16:10the exact second the conditions are met. Precisely.
- 16:13OK. And finally, health care. Now, this one feels
- 16:16the most complex because you are dealing with
- 16:18patient data. privacy laws, and incredibly strict
- 16:21ethical standards. In healthcare, the friction
- 16:24is almost entirely about compliance and access
- 16:26control. Hospitals deal with thousands of business
- 16:29associate agreements, or BAAs, with third -party
- 16:31software vendors, equipment suppliers, independent
- 16:34practitioners. It's a huge web of contracts.
- 16:36A massive web. And these agreements dictate exactly
- 16:38who can access sensitive patient data and under
- 16:41what circumstances. A programmatic contract can
- 16:44tie those legal permissions directly to the hospital's
- 16:47IT infrastructure. Wait, so the legal text actually
- 16:50controls the firewall? In a sense, yes. If a
- 16:53temporary contractor's agreement expires on a
- 16:55Friday, the programmatic contract doesn't just
- 16:58send an email to HR reminding them to do it.
- 17:01It automatically communicates with the hospital's
- 17:03active directory to revoke the contractor's access
- 17:06to the patient database right at midnight. Oh,
- 17:08that is brilliant. It ensures that the operational
- 17:11reality of the hospital perfectly mirrors its
- 17:14legal obligations at all times. For industries
- 17:17like healthcare, finance, and real estate, moving
- 17:20from passive documents to self -executing workflows
- 17:23isn't just a nice upgrade. It is a structural
- 17:27advantage that allows them to completely outmaneuver
- 17:29competitors who are still stuck pushing paper.
- 17:32They are operating at the speed of software while
- 17:34their competitors are still digging through cloud
- 17:36folders trying to find the right PDF. Exactly.
- 17:39It is a phenomenal shift in how we think about
- 17:41the basic building blocks of business. So if
- 17:44you are leading a team right now, managing vendor
- 17:46relationships, or just trying to navigate the
- 17:48future of your industry, this is a crucial mental
- 17:52model to adopt. Highly crucial. The fundamental
- 17:54promises of business are no longer just words
- 17:57on a page. Through the power of AI translating
- 18:00natural language into executable logic, contracts
- 18:03are becoming automated code. Moving at software
- 18:05speed. Yeah. They are cutting operational overhead,
- 18:09enforcing compliance proactively, and using adaptive
- 18:12learning to generate real -time insights from
- 18:14your daily operations. It is the evolution of
- 18:17the contract from a defensive historical record
- 18:20into a proactive strategic asset. By embedding
- 18:24these living systems into the business ecosystem,
- 18:28you aren't just protecting the company, you are
- 18:29actively accelerating it. It completely reframes
- 18:32the entire purpose of a legal agreement. But
- 18:35I want to leave you with one final thought to
- 18:37mull over, something that pushes this concept
- 18:40of adaptive learning to its logical and maybe
- 18:43slightly wild conclusion. Okay, let's hear it.
- 18:45We've talked about programmatic contracts embedded
- 18:48into a company's ecosystem acting in real time
- 18:50based on live data. But what happens when two
- 18:53of these AI -driven contracts representing competing
- 18:56companies have to interact with each other? Right.
- 18:58Imagine a scenario in a fast -moving supply chain
- 19:02where two thinking contracts are authorized to
- 19:05negotiate delivery terms based on live weather
- 19:07data and fluctuating fuel prices. What happens
- 19:10when they execute an adaptive split -second compromise
- 19:13that neither human party originally anticipated
- 19:16when they set the parameters? That is wild to
- 19:19think about. The recipe card isn't just cooking
- 19:21the meal anymore. You might just decide to invent
- 19:24an entirely new dish while you aren't looking.
- 19:26It introduces an entirely new layer to the concept
- 19:29of automated business, especially regarding how
- 19:31much autonomy we are actually willing to hand
- 19:33over to the agreement itself. It definitely changes
- 19:35the weight of what it means to hit. I agree.
- 19:39Thanks for joining us on this deep dive.