Latest / a16z AI Policy Brief / How AI Is Changing the Practice of Law
Transcript
- 0:00SPEAKER_01: Welcome to the A16C AI Policy Brief.
- 0:03SPEAKER_01: I'm Matt Peralt.
- 0:05SPEAKER_01: AI is changing the practice of law from researching legal questions
- 0:08SPEAKER_01: and reviewing contracts to directing AI agents.
- 0:11SPEAKER_01: What could that mean for the cost and availability of legal services?
- 0:15SPEAKER_01: And how do we make the most of these tools while keeping lawyers accountable for the results?
- 0:19SPEAKER_01: Today, I'm joined by John Labar,
- 0:21SPEAKER_01: Chief Legal Officer at Harvey, which builds AI tools for lawyers.
- 0:25SPEAKER_01: We talk about how he's building an AI-native legal team,
- 0:27SPEAKER_01: the skills future lawyers will need,
- 0:29SPEAKER_01: and how policy is playing an active role in defining the future of legal work.
- 0:33SPEAKER_01: Along the way,
- 0:33SPEAKER_01: we explore a broader question,
- 0:35SPEAKER_01: can AI make professional expertise available to more people,
- 0:38SPEAKER_01: and what would it take to deliver on that promise?
- 0:40SPEAKER_01: Enjoy our conversation.
- 0:42SPEAKER_00: Harvey is very much the tool that lawyers can use.
- 0:45SPEAKER_00: To do their work more efficiently.
- 0:47SPEAKER_00: But it's not an abrogation of the duties of the lawyer.
- 0:51SPEAKER_00: Your job as a lawyer to practice law is gonna change
- 0:54SPEAKER_00: because you're gonna become sort of like an orchestrator of agents.
- 0:57SPEAKER_00: Think about what these tools are.
- 0:59SPEAKER_00: These are really not just tools,
- 1:01SPEAKER_00: but they're actually fundamentally changing the way that law is getting practiced.
- 1:05SPEAKER_00: We have a large portion of the population that really can't afford legal advice.
- 1:10SPEAKER_00: And I always wrestle with the question of like,
- 1:11SPEAKER_00: well, if they can't afford legal advice, John, welcome to the podcast.
- 1:14SPEAKER_00: Thanks so much.
- 1:14SPEAKER_00: Great to be here.
- 1:35[music]
- 1:42SPEAKER_01: So you're the chief legal officer at Harvey.
- 1:43SPEAKER_01: Can you tell us a little bit about what Harvey does?
- 1:46SPEAKER_00: So, you know, there's all these large language models out there.
- 1:50SPEAKER_00: There's three or four big companies that make them.
- 1:53SPEAKER_00: And our job is we sit in the AI application layer space.
- 1:57SPEAKER_00: And that means our job is to make those generative AI models useful in context of
- 2:01SPEAKER_00: the vertical that we serve.
- 2:03SPEAKER_00: We serve the legal industry.
- 2:04SPEAKER_00: And so our job is to make generative AI useful to lawyers.
- 2:09SPEAKER_01: And so what does that mean in practice?
- 2:10SPEAKER_01: Like what are the kinds of things that a lawyer might come to Harvey looking to find?
- 2:14SPEAKER_01: Yeah.
- 2:14SPEAKER_00: It's kind of evolved over time, right?
- 2:16SPEAKER_00: So I think, you know, Harvey was founded a little over four years ago.
- 2:20SPEAKER_00: ChatGPT hit the zeitgeist in November of 2022.
- 2:25SPEAKER_00: And then from that point on, it's been all anybody can really talk about, right?
- 2:28SPEAKER_00: But when it first started, AI was a really good answer engine, right?
- 2:32SPEAKER_00: And we've gone from evolving from being a really good answer engine,
- 2:37SPEAKER_00: you know,
- 2:37SPEAKER_00: tell me about data localization laws in Indonesia or something like that, right?
- 2:41SPEAKER_00: To being a system that can,
- 2:43SPEAKER_00: you know,
- 2:43SPEAKER_00: you could give it instructions,
- 2:45SPEAKER_00: do this and do that and do that and give me the output, right?
- 2:48SPEAKER_00: To what we're now in this like agentic era, right?
- 2:51SPEAKER_00: And so in the agentic era,
- 2:53SPEAKER_00: you can be like,
- 2:54SPEAKER_00: you know,
- 2:55SPEAKER_00: this is the outcome I want and you can In some ways,
- 2:59SPEAKER_00: leave it to the models to figure out how to get you to that result, right?
- 3:02SPEAKER_00: And so how Harvey's been used by lawyers is continually evolving.
- 3:08SPEAKER_00: I would say when we first started out,
- 3:09SPEAKER_00: like the low hanging fruit for AI and why this has been so attractive,
- 3:15SPEAKER_00: I think,
- 3:15SPEAKER_00: to lawyers is that,
- 3:18SPEAKER_00: you know, anytime you've got large amounts of unstructured data, right?
- 3:22SPEAKER_00: Turns out there's an AI tool that's going to be really useful to a lawyer in doing that.
- 3:27SPEAKER_00: So whether or not you're doing document review or reviewing contracts in a data room
- 3:32SPEAKER_00: or whatever it is,
- 3:33SPEAKER_00: lawyers all the time are dealing with large amounts of unstructured data.
- 3:37SPEAKER_00: And so that became a very early use case, I think, for AI.
- 3:40SPEAKER_00: And then people have gotten a little bit more comfortable with it.
- 3:43SPEAKER_00: They can see what it can do.
- 3:44SPEAKER_00: They understand what it can't do.
- 3:46SPEAKER_00: Hopefully they can understand what it can't do.
- 3:48SPEAKER_00: And we've gotten to the point now where we're building out a whole bunch of agents,
- 3:52SPEAKER_00: right, and agentic functionality into the platform.
- 3:55SPEAKER_00: And so things like contract intelligence and horizon scanning and other things
- 3:59SPEAKER_00: that we've got, you know, cooking at Harvey.
- 4:01SPEAKER_01: So I'd love to push a little more on the can and can't do line.
- 4:05SPEAKER_01: Obviously, the law is a licensed profession.
- 4:07SPEAKER_01: There's a lot of debate within the profession about how to use AI,
- 4:10SPEAKER_01: who's responsible for what kinds of representations or errors in their work.
- 4:15SPEAKER_01: And so obviously to be a product that serves the industry,
- 4:18SPEAKER_01: you need to be conscious of those sensitivities as well and
- 4:21SPEAKER_01: then reassure your customer base that you're addressing them appropriately.
- 4:24SPEAKER_01: How do you go about that?
- 4:26SPEAKER_00: You know,
- 4:26SPEAKER_00: at the end of the day,
- 4:28SPEAKER_00: Harvey is very much about,
- 4:29SPEAKER_00: you know, it's a tool that lawyers can use to do their work more efficiently.
- 4:35SPEAKER_00: But it's not an abrogation of the duties of the lawyer, right?
- 4:39SPEAKER_00: So when lawyers are using a tool, it's either the law firm's liability, right?
- 4:46SPEAKER_00: Or the in-house legal team's liability, right?
- 4:48SPEAKER_00: And we're just a tool that they can use to help do what they're trying to do.
- 4:54SPEAKER_00: There's definitely this notion that you want to build these tools the right way
- 4:58SPEAKER_00: for lawyers so that they can get a lot of comfort in knowing that they can use them
- 5:01SPEAKER_00: for legal-related tasks.
- 5:04SPEAKER_00: We've all heard the phrase, you know, privileged and confidential information, right?
- 5:07SPEAKER_00: You want to make sure that people are satisfied that Harvey is the right kind
- 5:11SPEAKER_00: of environment to be used by lawyers and doesn't necessarily destroy privileged
- 5:17SPEAKER_00: and confidential communications by virtue of just throwing it in the platform.
- 5:21SPEAKER_00: Those kinds of things are certainly...
- 5:26SPEAKER_01: I'm also curious about who within the legal community is using the tool.
- 5:30SPEAKER_01: So some of the use cases that you're talking about are law firm use cases,
- 5:32SPEAKER_01: but I assume that's actually not the entirety of your user base.
- 5:36SPEAKER_00: No, it's funny, right?
- 5:38SPEAKER_00: Like when I think about like the history of Harvey, right?
- 5:42SPEAKER_00: Really beginning to sell Harvey at the beginning of 2023.
- 5:46SPEAKER_00: And most of the customers,
- 5:49SPEAKER_00: but not all of the customers that we signed up in 2023 were law firms,
- 5:52SPEAKER_00: like forward-looking law firms who were like,
- 5:55SPEAKER_00: we want to get our hands dirty with this technology and see where it's going
- 5:58SPEAKER_00: and saw sort of the spark of interest, right?
- 6:02SPEAKER_00: And then we evolved into 2024.
- 6:04SPEAKER_00: And for most of 2024, we also started to continue to sell mostly to law firms.
- 6:09SPEAKER_00: I like to tongue-in-cheekly say,
- 6:10SPEAKER_00: like, and then in Q4 of 2024, we woke up to this really, like, keen insight.
- 6:16SPEAKER_00: Turns out there's lawyers that don't work at law firms that work,
- 6:19SPEAKER_00: you know, like, we have this, like, such a keen insight, right?
- 6:23SPEAKER_00: And we didn't change the product at that point,
- 6:26SPEAKER_00: but we did materially begin to pivot on how we sell it and to whom we sell it,
- 6:29SPEAKER_00: right?
- 6:30SPEAKER_00: And so at this point,
- 6:31SPEAKER_00: You know,
- 6:31SPEAKER_00: 40-some percent of our customer base is in-house and the remaining is law firm.
- 6:38SPEAKER_00: And if you look at our pipeline, it's probably the converse of that.
- 6:42SPEAKER_00: And it's not the converse of that because we're making a statement about who we want to sell to.
- 6:47SPEAKER_00: It's just math.
- 6:48SPEAKER_00: There are more companies that employ lawyers than there are law firms in the universe, right?
- 6:52SPEAKER_00: Like that's just supply.
- 6:54SPEAKER_01: And what about other parts of the legal ecosystem like lawyers
- 6:57SPEAKER_01: the Justice Department and lawyers at nonprofits and public defenders?
- 7:01SPEAKER_00: Yeah.
- 7:01SPEAKER_00: So, like, selling to government is its own special thing, right?
- 7:06SPEAKER_00: Which is something that we're beginning to think about how we would do in an appropriate way.
- 7:11SPEAKER_00: And then there's also certain regulations,
- 7:16SPEAKER_00: and I'm thinking specifically about the EU AI Act, right?
- 7:19SPEAKER_00: Which, you know, classifies different systems based on what they're purported to do, right?
- 7:25SPEAKER_00: Yeah.
- 7:25SPEAKER_00: And one of the things that can throw you from a normal risk AI system to
- 7:31SPEAKER_00: a high risk AI system is whether or not you're metering judgment to somebody, right?
- 7:36SPEAKER_00: And so we've been very careful about not trying to roll out our system to
- 7:42SPEAKER_00: the judiciary too quickly without appropriate guardrails in place to make sure
- 7:45SPEAKER_00: that they're using it the way a lawyer would use it,
- 7:47SPEAKER_00: which is to say to help them do their job, not to do it in lieu of doing their job.
- 7:51SPEAKER_01: Interesting.
- 7:51SPEAKER_01: I mean,
- 7:52SPEAKER_01: it seems like a case where the law is trying to be protective of a certain kind
- 7:55SPEAKER_01: of environment has actually meant they haven't been able to get access to
- 7:57SPEAKER_01: the technology.
- 7:58SPEAKER_00: I think that's right.
- 7:59SPEAKER_00: I think an even sadder story,
- 8:01SPEAKER_00: but on that same theme,
- 8:03SPEAKER_00: is sort of like this notion of like unequal access to justice, right?
- 8:06SPEAKER_00: So if you think of like in the world,
- 8:09SPEAKER_00: there is the unauthorized practice of law,
- 8:11SPEAKER_00: this rule that says only lawyers should be delivering legal advice,
- 8:15SPEAKER_00: just like we have rules that say only doctors should be giving medical advice,
- 8:17SPEAKER_00: right?
- 8:17SPEAKER_00: Like you want that.
- 8:19SPEAKER_00: It makes sense that you have that, but there's these unintended consequences.
- 8:22SPEAKER_00: And here in America,
- 8:23SPEAKER_00: especially like we have a large portion of the population that really can't afford
- 8:28SPEAKER_00: And I always wrestle with the question of,
- 8:31SPEAKER_00: like, well, if they can't afford legal advice, can we give them something?
- 8:34SPEAKER_00: Like, something might be better than nothing, right?
- 8:38SPEAKER_00: And so there's this tension, right?
- 8:39SPEAKER_00: Like, what happens when the unauthorized practice of law meets,
- 8:42SPEAKER_00: you know, unequal access to justice?
- 8:44SPEAKER_00: And how do we solve for that?
- 8:45SPEAKER_01: Because you can support lawyers doing their work,
- 8:47SPEAKER_01: but you can't actually provide legal advice yourself.
- 8:50SPEAKER_00: Under the law, correct.
- 8:51SPEAKER_00: But maybe one day, you know, the tools will be sufficiently good that you could do that, right?
- 8:57SPEAKER_01: Mm-hmm.
- 8:58SPEAKER_00: But, you know, Harvey's not a lawyer, right?
- 9:00SPEAKER_00: So it would be, you know, you could argue that that would be a violation of something.
- 9:05SPEAKER_00: We have to wrestle with that from a regulatory and, you know, ABA framework.
- 9:10SPEAKER_00: We have to figure out how to sort of,
- 9:12SPEAKER_00: you know,
- 9:12SPEAKER_00: keep up with the times and make sure that we're not disenfranchising people.
- 9:16SPEAKER_01: It's super interesting.
- 9:17SPEAKER_01: We have dealt with some of these questions at a state level
- 9:20SPEAKER_01: in particular around different types of state licensing.
- 9:22SPEAKER_01: Like it's a very big issue in mental health, a whole range of different things.
- 9:27SPEAKER_01: I think at least in our experience,
- 9:30SPEAKER_01: some of these arguments have been really difficult to make because people don't want
- 9:33SPEAKER_01: to say that AI could get an exemption from a license to practice
- 9:38SPEAKER_01: a certain profession.
- 9:38SPEAKER_01: But I think you're also pointing to the downside of those requirements,
- 9:42SPEAKER_01: which is like, yes,
- 9:43SPEAKER_01: we want people to know that they're getting a certain caliber of services
- 9:46SPEAKER_01: and we want them to have recourse if they're harmed in any way.
- 9:49SPEAKER_01: And we want the providers to be trained at a certain level.
- 9:51SPEAKER_01: And also,
- 9:52SPEAKER_01: if you make it harder for them to get services,
- 9:54SPEAKER_01: you're making it harder for them to get access to cheaper services.
- 9:57SPEAKER_00: Or to justice, right?
- 9:59SPEAKER_00: It's a fundamental issue, I think.
- 10:01SPEAKER_00: And some people aren't getting what I think they need.
- 10:04SPEAKER_00: And if technology can help solve that problem, I mean,
- 10:09SPEAKER_00: I think that's why a lot of us went into tech,
- 10:11SPEAKER_00: to try and help society solve problems with technology, right?
- 10:14SPEAKER_00: And so we shouldn't shy away from that challenge.
- 10:16SPEAKER_01: When you're making those kinds of arguments,
- 10:18SPEAKER_01: are you getting with the people sitting on the other side,
- 10:20SPEAKER_01: whether it's like it's a bar association or a state lawmaker,
- 10:23SPEAKER_01: are you getting head shaking or head nodding?
- 10:25SPEAKER_00: I mean, nobody's going to look you in the face and say, no,
- 10:29SPEAKER_00: you know, unequal access to justice isn't a problem or something like that, right?
- 10:33SPEAKER_00: So, like, nobody, like, looks you in the face and says no to that.
- 10:36SPEAKER_00: But I do think there's going to be this,
- 10:39SPEAKER_00: like, question about, like, when are we ready to try to experiment with something?
- 10:44SPEAKER_00: And is this generation of models good enough to start doing that?
- 10:48SPEAKER_00: Or do we need to wait for next generation models?
- 10:50SPEAKER_00: I think those questions are still being asked.
- 10:53SPEAKER_00: And there isn't a great answer to that.
- 10:55SPEAKER_01: Yeah.
- 10:55SPEAKER_00: One I definitely would like to see is push the envelope on.
- 10:57SPEAKER_01: So your role is pretty interesting because you're a chief legal officer,
- 11:00SPEAKER_01: not to just any company, but to a company that's offering legal services.
- 11:03SPEAKER_00: This is what I love most about my job, right?
- 11:05SPEAKER_01: Talk about that.
- 11:06SPEAKER_00: I've been in tech for a number of years.
- 11:07SPEAKER_00: I was at Google.
- 11:08SPEAKER_00: I was at Snowflake.
- 11:09SPEAKER_00: But this is the first time I've ever been at a company that's actually selling
- 11:12SPEAKER_00: the thing that I want to use, right?
- 11:15SPEAKER_00: And so I think where that shows up the most is I've always tried
- 11:20SPEAKER_00: to build legal teams that have a good relationship with the engineering teams,
- 11:23SPEAKER_00: right?
- 11:23SPEAKER_00: Like on the product counseling side, because you want...
- 11:25SPEAKER_00: Product Council to be viewed as good partners to the engineers and product people
- 11:30SPEAKER_00: who are building the things and not sort of like the team that you bring in at
- 11:34SPEAKER_00: the last moment, right?
- 11:36SPEAKER_00: And so it's always been important to me,
- 11:37SPEAKER_00: but like here at Harvey,
- 11:38SPEAKER_00: like it's been embraced from just the other side as well, right?
- 11:42SPEAKER_00: It's not just us trying to like befriend them, it's them trying to befriend us, right?
- 11:46SPEAKER_00: We have great engineers and product people at Harvey, but not all of them are lawyers, right?
- 11:51SPEAKER_00: And so- They come to us and be like, would a lawyer want this?
- 11:54SPEAKER_00: Is this useful to a lawyer?
- 11:56SPEAKER_00: And they're so creative and thoughtful about it.
- 11:58SPEAKER_00: But like,
- 11:59SPEAKER_00: we have an open dialogue and people on my team get seconded to the engineering team
- 12:03SPEAKER_00: for periods of time.
- 12:04SPEAKER_00: We have open Slack channels where obviously, you know, Uh-huh.
- 12:07SPEAKER_00: Meaning that the dogfooding is the practice of your team at Harvey is actually...
- 12:24SPEAKER_01: So it's two things, right?
- 12:28SPEAKER_00: It's that, right?
- 12:29SPEAKER_00: But it's even at a fundamental level before that,
- 12:32SPEAKER_00: which is to say, what features should we be building?
- 12:34SPEAKER_00: Like we have an opinion about that, right?
- 12:36SPEAKER_00: And so we offer our sometimes very strong opinions about like what should be the P0
- 12:42SPEAKER_00: for the product team in any given quarter.
- 12:44SPEAKER_00: Like what's our biggest pain point?
- 12:46SPEAKER_00: You know, what's going to move the needle if we can introduce a feature that does this, right?
- 12:50SPEAKER_00: So we do that then.
- 12:51SPEAKER_00: Once those features are beginning to come to fruition,
- 12:55SPEAKER_00: then we're like, okay,
- 12:56SPEAKER_00: let's start using it and giving you like sort of more granular feedback on like,
- 13:02SPEAKER_00: this is not quite right, or this is missing the mark, or this is spot on.
- 13:06SPEAKER_00: Let's, you know, jump in, like lean into that more.
- 13:09SPEAKER_01: So one of the main things I assume that you do as chief legal officers,
- 13:13SPEAKER_01: not just spending time on like heady issues about access to justice and those types
- 13:17SPEAKER_01: of things,
- 13:17SPEAKER_01: but actually thinking in a very brass tacks kind of way about structuring your team.
- 13:21SPEAKER_01: I assume that means something different at Harvey than it would if you were at
- 13:24SPEAKER_01: a non-legal company.
- 13:26SPEAKER_01: Does it actually change how you set up your team?
- 13:29SPEAKER_00: So there are two facets to this question, right?
- 13:32SPEAKER_00: So the first facet is just,
- 13:34SPEAKER_00: I consider my team,
- 13:36SPEAKER_00: not surprisingly,
- 13:37SPEAKER_00: we're an AI-forward company, but we're also an AI-forward department, right?
- 13:41SPEAKER_00: So a lot of what we think about is like,
- 13:42SPEAKER_00: hey, how can we be leaning into AI aggressively to do our jobs better, right?
- 13:48SPEAKER_00: So there's that aspect of it,
- 13:49SPEAKER_00: but then there's just like the natural complexion of a legal team, right?
- 13:53SPEAKER_00: And at Harvey, writ large, we've got Hundreds of attorneys, right?
- 13:59SPEAKER_00: But most of the attorneys actually aren't on my team, right?
- 14:01SPEAKER_00: I've got maybe 65, 70 people on my team, right?
- 14:06SPEAKER_00: We have over 200 lawyers at Harvey, right?
- 14:08SPEAKER_00: So what are the other lawyers doing?
- 14:09SPEAKER_00: The other lawyers are primarily, well,
- 14:12SPEAKER_00: a couple of different roles,
- 14:13SPEAKER_00: but one of the roles is applied legal researchers working with the research teams
- 14:16SPEAKER_00: on product development.
- 14:17SPEAKER_00: That's a smaller portion.
- 14:19SPEAKER_00: The much larger portion is our legal engineering group, right?
- 14:22SPEAKER_00: And these are all recovering lawyers, right?
- 14:24SPEAKER_00: Mostly from firms who've practiced law for many years.
- 14:28SPEAKER_00: They work sort of in a pre-sale and post-sale phase to help with
- 14:32SPEAKER_00: the change management that our customers need help with in sort
- 14:36SPEAKER_00: of adopting these tools, right?
- 14:38SPEAKER_00: Because if you think about what these tools are,
- 14:39SPEAKER_00: these are really not just tools,
- 14:42SPEAKER_00: but they're actually fundamentally changing the way that law is getting practiced.
- 14:47SPEAKER_00: And if you don't help the customer on the change management aspect of it,
- 14:51SPEAKER_00: how they bring that usefully into their environments...
- 14:55SPEAKER_00: Your customers are going to be as happy and as productive as they could be,
- 14:58SPEAKER_00: you know,
- 14:58SPEAKER_00: and you want them not to buy Harvey from you, but to renew year after year.
- 15:02SPEAKER_00: And so you have to help them with that change.
- 15:04SPEAKER_01: I assume you have like millions of examples of seeing that productivity translated
- 15:08SPEAKER_01: in practice,
- 15:09SPEAKER_01: but I'm wondering if you could just talk through a few,
- 15:10SPEAKER_01: either specifics or just sort of general ones about how you're seeing firms
- 15:14SPEAKER_01: or in-house counsel use Harvey productively.
- 15:16SPEAKER_00: I'll talk about my team, right?
- 15:18SPEAKER_00: So like, I like to describe it as like three phases of leaning in to become an AI native person.
- 15:26SPEAKER_00: You know, in-house team.
- 15:27SPEAKER_00: So I'll count like an engineer.
- 15:29SPEAKER_00: So stage zero is you just get them a tool and get them to start using it, right?
- 15:34SPEAKER_00: You're not measuring ROI.
- 15:35SPEAKER_00: It's too soon to measure ROI, but you get them using it.
- 15:38SPEAKER_00: You see, let them get familiar with these tools.
- 15:41SPEAKER_00: Lawyers,
- 15:41SPEAKER_00: generally speaking,
- 15:42SPEAKER_00: like if you had come to me,
- 15:45SPEAKER_00: it's a little bit of a tangent,
- 15:46SPEAKER_00: but if you had come to me five years ago and said,
- 15:50SPEAKER_00: We were on the cusp of this new technology.
- 15:52SPEAKER_00: It was gonna be fantastic.
- 15:53SPEAKER_00: It was gonna get embedded into all sorts of things.
- 15:56SPEAKER_00: And that the first group of people that would start
- 15:58SPEAKER_00: to use it would probably be software engineers.
- 16:00SPEAKER_00: I would have been like, okay, I believe that.
- 16:03SPEAKER_00: And then if you had told me,
- 16:04SPEAKER_00: and the second group would be lawyers,
- 16:06SPEAKER_00: I would have laughed you out of the room, right?
- 16:07SPEAKER_00: Like you don't normally think lawyers on the cutting edge of technology.
- 16:10SPEAKER_00: So going back to my department, right?
- 16:12SPEAKER_00: Like, so I've got lawyers.
- 16:13SPEAKER_00: They're all lawyers at a tech company.
- 16:15SPEAKER_00: They all wanted to come to Harvey.
- 16:16SPEAKER_00: They knew what we were about,
- 16:18SPEAKER_00: but you still have to get them used to the tool and show them the paradigm shift,
- 16:22SPEAKER_00: right?
- 16:23SPEAKER_00: So stage zero is just like,
- 16:25SPEAKER_00: Here's what AI is,
- 16:27SPEAKER_00: start using it,
- 16:28SPEAKER_00: experimenting with it,
- 16:28SPEAKER_00: see where it makes your life better,
- 16:30SPEAKER_00: see where it makes your life worse,
- 16:32SPEAKER_00: see what it gets right, see what it doesn't get right, and lean into that.
- 16:35SPEAKER_00: Then you enter phase one, and phase one is the phase where, you know, Everybody is using AI.
- 16:42SPEAKER_00: You even start to measure and have leaderboards and talk about it.
- 16:46SPEAKER_00: You have meetings where everybody shares what they're doing.
- 16:49SPEAKER_00: But everybody is kind of the master of their own domain.
- 16:53SPEAKER_00: This commercial attorney has their own three agents that they use
- 16:58SPEAKER_00: to make themselves more productive.
- 16:59SPEAKER_00: And this commercial attorney over here Doing essentially the same work
- 17:02SPEAKER_00: as their own different three agents.
- 17:05SPEAKER_00: And that's all great.
- 17:07SPEAKER_00: Everybody is uplifted by the fact that they're using AI and being made more efficient.
- 17:11SPEAKER_00: So there's nothing wrong with that.
- 17:12SPEAKER_00: It's just not the next level,
- 17:14SPEAKER_00: which I call phase two,
- 17:15SPEAKER_00: which is the phase that we're entering now in my department,
- 17:18SPEAKER_00: which is where we're trying to get sort of like
- 17:23SPEAKER_00: My commercial team,
- 17:24SPEAKER_00: instead of everybody having their own bespoke set of agents,
- 17:26SPEAKER_00: we now have a canonical golden set of agents,
- 17:29SPEAKER_00: where everybody's using the best of the best.
- 17:32SPEAKER_00: And we actually are leaning into our legal operations team today.
- 17:36SPEAKER_00: To be the team that helps us identify the right workflows and build out the agents
- 17:41SPEAKER_00: to do that rather than letting the lawyers do it themselves.
- 17:43SPEAKER_00: The lawyers can still do that themselves, right?
- 17:45SPEAKER_00: But to get the best of the best in everybody's hands,
- 17:48SPEAKER_00: you rely on the legal operations team to sort of do that.
- 17:51SPEAKER_00: And that's kind of where we are right now.
- 17:52SPEAKER_00: And it's a fascinating journey.
- 17:54SPEAKER_00: But once you get everybody sort of using that,
- 17:56SPEAKER_00: you up-level the whole team even further
- 17:58SPEAKER_00: because now you get not just everybody's being efficient,
- 18:00SPEAKER_00: but now you get consistent results across the board.
- 18:03SPEAKER_01: You mentioned not just how people are using AI effectively,
- 18:06SPEAKER_01: but you also alluded to ways in which maybe they're not using AI.
- 18:09SPEAKER_01: There are ways where you're saying go, go, go.
- 18:11SPEAKER_01: And then it sounds like people on your team are learning use cases
- 18:13SPEAKER_01: where maybe AI is not as appealing.
- 18:15SPEAKER_01: That feels to me to be Yeah.
- 18:41SPEAKER_01: Because I feel like this is so much a part of people's experience right now,
- 18:45SPEAKER_01: not just how to use AI,
- 18:46SPEAKER_01: but kind of the use cases where maybe it's better to sort of hold off or use cases
- 18:50SPEAKER_01: that aren't a good fit for the technology.
- 18:52SPEAKER_01: What are you learning about that in your team?
- 18:54SPEAKER_00: For the last 50 plus years, we've all engaged with technology in a very specific way.
- 19:00SPEAKER_00: By which I mean,
- 19:02SPEAKER_00: like if you go to your calculator and you type something in,
- 19:05SPEAKER_00: and so long as you don't miss hit any of the buttons and you hit enter...
- 19:09SPEAKER_00: With 100% certainty, you know you've gotten the correct answer.
- 19:13SPEAKER_00: You don't doubt, you don't even think about it.
- 19:14SPEAKER_00: You're like, I got that.
- 19:15SPEAKER_00: That's the right answer.
- 19:18SPEAKER_00: Here we are,
- 19:18SPEAKER_00: state-of-the-art technology,
- 19:20SPEAKER_00: and it's not a deterministic system, it's a probabilistic system, right?
- 19:23SPEAKER_00: And so all of a sudden,
- 19:24SPEAKER_00: we now have to retrain ourselves how we engage with state-of-the-art technology.
- 19:30SPEAKER_00: You used to say, the computer doesn't make mistakes, humans do, right?
- 19:34SPEAKER_00: Now computers can make mistakes, right?
- 19:36SPEAKER_00: And so we need to retrain ourselves and own that level of filter that you need
- 19:41SPEAKER_00: to apply to working with these tools.
- 19:43SPEAKER_00: And it really means you have to Figure out and re-engage how you interact
- 19:48SPEAKER_00: with technology, right?
- 19:49SPEAKER_00: And you have to relearn that.
- 19:50SPEAKER_00: And that's a super important thing to overcome, right?
- 19:52SPEAKER_00: Like, I don't want to be telling my kids not to use this,
- 19:55SPEAKER_00: but I want to make sure that my kids know how to use this responsibly, right?
- 19:58SPEAKER_00: And I want them to know what a hallucination is.
- 20:01SPEAKER_00: That's when a probabilistic system gets the probabilities wrong, right?
- 20:04SPEAKER_00: Like, that's exactly what it means, right?
- 20:07SPEAKER_00: And so it's the same thing is true in the legal industry, right?
- 20:10SPEAKER_00: Like you need to retrain lawyers that like, hey,
- 20:13SPEAKER_00: you're using technology,
- 20:14SPEAKER_00: but that doesn't mean that it has this like false level of precision.
- 20:17SPEAKER_00: I don't want to anthropomorphize anything,
- 20:20SPEAKER_00: but it's a little bit more like having a conversation with an associate, right?
- 20:24SPEAKER_00: Like as a senior attorney,
- 20:26SPEAKER_00: you don't necessarily trust that the associate gets everything right just
- 20:29SPEAKER_00: because you gave them instructions, right?
- 20:31SPEAKER_00: Like you bring a filter to that, right?
- 20:33SPEAKER_00: And you need to be able to bring that same filter here.
- 20:37SPEAKER_00: And, you know,
- 20:38SPEAKER_00: a lot of folks talk about, like, hey,
- 20:39SPEAKER_00: you know,
- 20:40SPEAKER_00: if we have these fantastical AI solutions,
- 20:43SPEAKER_00: does it mean that we're all out of a job or something like that, right?
- 20:46SPEAKER_00: And, like,
- 20:47SPEAKER_00: I always remind people, like,
- 20:48SPEAKER_00: if you go back to the 90s, right,
- 20:49SPEAKER_00: we were having this exact same conversation in the 90s about lawyers because,
- 20:53SPEAKER_00: like, everybody was saying, well...
- 20:55SPEAKER_00: If the junior lawyers don't have to go into the library to do the review anymore,
- 20:59SPEAKER_00: how would they learn how to be good lawyers, right?
- 21:01SPEAKER_00: And like LexisNexis and Westlaw sort of changed everything,
- 21:04SPEAKER_00: but they didn't change the fact that we still have very good lawyers, right?
- 21:08SPEAKER_00: And so I actually view,
- 21:11SPEAKER_00: and maybe I'm a bit Pollyannish or whatever,
- 21:13SPEAKER_00: but like I actually view like,
- 21:15SPEAKER_00: my perspective is that,
- 21:16SPEAKER_00: you know,
- 21:17SPEAKER_00: younger people are going to engage with the latest and greatest technologies
- 21:21SPEAKER_00: on average, generally sooner than the rest of us will, right?
- 21:25SPEAKER_00: And they're going to figure out how to use it in whatever task you're setting out
- 21:28SPEAKER_00: for them to do.
- 21:29SPEAKER_00: And they're going to figure out how to work with it and make it work for them.
- 21:34SPEAKER_00: But they're still going to be able to learn the things that will make them
- 21:37SPEAKER_00: a good lawyer,
- 21:38SPEAKER_00: the judgment, the strategy, the empathy, and the ethical applications, right?
- 21:42SPEAKER_00: I mean, those will all still be things that humans will need to do.
- 21:45SPEAKER_01: So how do you talk with either people on your team
- 21:48SPEAKER_01: that sounds like you're mentoring them in their own AI journey,
- 21:51SPEAKER_01: so about that line between...
- 21:55SPEAKER_01: The tool and the judgment or on the customer side,
- 21:57SPEAKER_01: because I assume you must have customers coming to you all the time who say like,
- 22:00SPEAKER_01: we did this perfectly and it produced something that was problematic for our firm.
- 22:04SPEAKER_01: And often that I assume will be a result of the human error, not the AIs.
- 22:08SPEAKER_00: For the longest time, I've been using the phrase a human in the loop, right?
- 22:11SPEAKER_00: I think we all have human in the loop, human in the loop.
- 22:14SPEAKER_00: It's not a tool to replace humans.
- 22:15SPEAKER_00: You need a human in the loop.
- 22:17SPEAKER_00: I just recently heard a better phrase, the phrase that I like better as human on the hook.
- 22:22SPEAKER_00: I think it's very appropriate for the legal profession.
- 22:26SPEAKER_00: When I'm a lawyer, I am on the hook for my legal output.
- 22:32SPEAKER_00: I might use an AI tool to help me do it more efficiently,
- 22:36SPEAKER_00: faster, more cost-effective, broader, whatever.
- 22:39SPEAKER_00: But I'm still on the hook for that, right?
- 22:42SPEAKER_00: And that's the thing I remind people that you read it, don't trust it.
- 22:47SPEAKER_00: You have to make sure that it's giving it the correct answer.
- 22:52SPEAKER_00: And then the other thing I always remind people is...
- 22:55SPEAKER_00: You can over-index on that too.
- 22:57SPEAKER_00: And lawyers are the worst at this, right?
- 22:59SPEAKER_00: You ever heard the phrase, don't let the perfect be the enemy of the good, right?
- 23:03SPEAKER_00: Lawyers are the masterclass at that, right?
- 23:05SPEAKER_00: They go to law school to learn how to spot all of the issues.
- 23:08SPEAKER_00: Then they go to law firms where they have high billing rates
- 23:13SPEAKER_00: and your clients are paying the high billing rates.
- 23:15SPEAKER_00: And so perfection is kind of a thing that they aspire to deliver, right?
- 23:20SPEAKER_00: But when you become in-house, I don't necessarily want perfect all the time, right?
- 23:26SPEAKER_00: If it takes five hours to do something to get it 95% correct,
- 23:30SPEAKER_00: whatever that is, or it takes 21 hours to get it 99.7%,
- 23:36SPEAKER_00: For a lot of things, I'll take the shorter period of time.
- 23:39SPEAKER_00: And so that kind of goes with how you use these tools too.
- 23:43SPEAKER_00: Use the tools for the things where you don't necessarily need the perfection.
- 23:49SPEAKER_00: And maybe they can make you a lot more efficient because you can trust them.
- 23:52SPEAKER_00: And when you need to get to the part where you need to get closer to perfection,
- 23:56SPEAKER_00: use the tools,
- 23:57SPEAKER_00: but bring a much greater level of review and discipline to managing those outputs
- 24:03SPEAKER_00: than you might otherwise do.
- 24:04SPEAKER_01: It's very interesting.
- 24:05SPEAKER_01: I hadn't thought about it until you just said it,
- 24:06SPEAKER_01: but I would think that the technology maps differently in that respect
- 24:10SPEAKER_01: onto in-house counsel versus law firms.
- 24:12SPEAKER_01: In-house counsel,
- 24:13SPEAKER_01: I think,
- 24:13SPEAKER_01: are incentivized to be fast,
- 24:15SPEAKER_01: as fast as possible, and maybe not as accurate as possible as well.
- 24:19SPEAKER_01: Law firms,
- 24:20SPEAKER_01: I think,
- 24:20SPEAKER_01: both because they're trying to do justice to the billable rate,
- 24:23SPEAKER_01: but also because they're trying to increase billable hours,
- 24:25SPEAKER_01: often want to do more and more.
- 24:27SPEAKER_01: And so efficiency,
- 24:27SPEAKER_01: I think,
- 24:28SPEAKER_01: in some circumstances would work actually against the law firm business model.
- 24:31SPEAKER_01: Do you experience that distinction at all?
- 24:34SPEAKER_00: One of my great mentors used to say, like,
- 24:36SPEAKER_00: you know,
- 24:37SPEAKER_00: the billable hour is the worst possible way for lawyers
- 24:41SPEAKER_00: to meet out what they do other than all the other ways.
- 24:44SPEAKER_00: Right?
- 24:45SPEAKER_00: But the point she was trying to make is like,
- 24:46SPEAKER_00: you know,
- 24:46SPEAKER_00: you can have fixed fee arrangements, but unless you really trust the other side.
- 24:52SPEAKER_00: The problem with fixed fee arrangements is one side always feels like
- 24:54SPEAKER_00: the other side is getting one over on the other side.
- 24:57SPEAKER_01: And sometimes both sides feel
- 24:58SPEAKER_00: that way.
- 24:59SPEAKER_00: Oftentimes both sides feel that way, right?
- 25:01SPEAKER_00: One day the billable hour will be gone, right?
- 25:05SPEAKER_00: But I think every single technological revolution has come by also with
- 25:09SPEAKER_00: the prediction that this was the thing that was going to put the nail in the coffin
- 25:12SPEAKER_00: on the billable hour.
- 25:13SPEAKER_00: And so I think AI and AI efficiency continues to drive us in that direction,
- 25:19SPEAKER_00: but I don't necessarily think it's the nail in the coffin, right?
- 25:22SPEAKER_00: If I'm an in-house person, which I happen to be, right?
- 25:26SPEAKER_00: And for years,
- 25:27SPEAKER_00: like law firms have been telling me the billable hour is the best way
- 25:30SPEAKER_00: to do something.
- 25:33SPEAKER_00: I'm going to hold them to that now that,
- 25:35SPEAKER_00: you know, that the economics might be on the other side of the foot here.
- 25:38SPEAKER_00: If something used to take 40 hours and now can be done in four,
- 25:42SPEAKER_00: you know,
- 25:43SPEAKER_00: you have to be having discussions with your law firms about how
- 25:46SPEAKER_00: that efficiency is going to get, you know, attributed.
- 25:50SPEAKER_01: You've written about your team's vendor privacy review workflow.
- 25:54SPEAKER_01: Can you talk a little bit about that?
- 25:56SPEAKER_00: We have a bunch of different workflows, right?
- 25:58SPEAKER_00: Just about for everything at this point, right?
- 25:59SPEAKER_00: But, you know,
- 26:00SPEAKER_00: the idea is if you can systematize these things,
- 26:04SPEAKER_00: then you can get efficiencies out of it, right?
- 26:05SPEAKER_00: And so with our vendor privacy review,
- 26:09SPEAKER_00: we look at the different vendors that we deal with and we deal
- 26:12SPEAKER_00: with like 200 vendor engagements a month or something like that, right?
- 26:16SPEAKER_00: And they range everywhere from like, you know, catering, right?
- 26:19SPEAKER_00: To an event,
- 26:20SPEAKER_00: to like adding a new subprocessor that's going to have access to customer data
- 26:24SPEAKER_00: and content, right?
- 26:24SPEAKER_00: And so like, From a privacy perspective, not much can go wrong with catering.
- 26:30SPEAKER_00: On the data subprocessor, a lot can go wrong, right?
- 26:33SPEAKER_00: And so sort of first things first,
- 26:35SPEAKER_00: we want to try to match the level of review on data privacy to the risk associated
- 26:39SPEAKER_00: with it, right?
- 26:40SPEAKER_00: So not a lot of time spent on one, a lot of time spent on the other.
- 26:43SPEAKER_00: So that's the first stage,
- 26:45SPEAKER_00: is just sort of like using the tool to help us like scope,
- 26:48SPEAKER_00: like, hey, how much does this really matter for us to get right?
- 26:52SPEAKER_00: And then once we do that, we also then...
- 26:56SPEAKER_00: If it does touch,
- 26:57SPEAKER_00: you know,
- 26:57SPEAKER_00: if it touches usage data,
- 27:00SPEAKER_00: if it's going to be used in the service,
- 27:01SPEAKER_00: but not necessarily touching data,
- 27:04SPEAKER_00: customer data and content, that's also still going to be very important.
- 27:07SPEAKER_00: It's maybe not quite as important as if it's touching customer data,
- 27:10SPEAKER_00: but it's adjacent and we want to make sure we get that right.
- 27:13SPEAKER_00: So first off, it's just like scoping the risk.
- 27:17SPEAKER_00: And then we have our set of playbooks, right?
- 27:20SPEAKER_00: That like every company does on our perspective
- 27:23SPEAKER_00: on how data privacy should be enabled between a vendor and its client.
- 27:29SPEAKER_00: And we use AI to sort of address those things.
- 27:32SPEAKER_00: So I can get somebody else's paper and we can quickly sort of map it
- 27:36SPEAKER_00: onto our own frameworks, which then speeds up the review process.
- 27:39SPEAKER_01: I think...
- 27:40SPEAKER_01: In this conversation,
- 27:41SPEAKER_01: I've just assumed in the back of my head that the barriers to adoption
- 27:45SPEAKER_01: for Harvey are sort of lawyer skittishness about the technology.
- 27:48SPEAKER_01: And now I'm realizing that's perhaps a silly assumption.
- 27:51SPEAKER_01: When you kind of look forward and you're looking at like the possible market in
- 27:55SPEAKER_01: the legal field,
- 27:56SPEAKER_01: what do you see as the barriers and to what extent are they driven by kind
- 28:00SPEAKER_01: of like uncertainty about AI or feelings about the technology?
- 28:03SPEAKER_00: I definitely think in the early days of Harvey, there was skittishness.
- 28:06SPEAKER_00: Like one of my favorite stories is like we had one of our Then
- 28:11SPEAKER_00: a prospective customer now,
- 28:12SPEAKER_00: an actual customer,
- 28:13SPEAKER_00: tell us that on the same 36-hour period,
- 28:17SPEAKER_00: they got a generic letter from one of their banking clients,
- 28:22SPEAKER_00: you know, do not use AI in any of our matters without further notice.
- 28:26SPEAKER_00: And then 36 hours later,
- 28:28SPEAKER_00: they got an RFP from that same banking customer saying,
- 28:31SPEAKER_00: That said, like, we want you to tell us how to do this, this, and this.
- 28:34SPEAKER_00: Oh, and by the way,
- 28:34SPEAKER_00: make sure you have a discussion about how you're going to use AI
- 28:38SPEAKER_00: to make this more efficient and cost-effective for us, right?
- 28:40SPEAKER_00: And so, like, there was this little bit of this duality, right?
- 28:44SPEAKER_00: And, you know, lawyers actually have ethical canons that govern us.
- 28:48SPEAKER_00: One of those ethical canons basically says,
- 28:50SPEAKER_00: and I'm going to get this wrong at the detail level,
- 28:53SPEAKER_00: but, like, at the high level, it's, you know, you...
- 28:57SPEAKER_00: Or doing yourself,
- 28:58SPEAKER_00: your clients a disservice if you're not using technology in efficient ways for them.
- 29:03SPEAKER_00: So at some point,
- 29:05SPEAKER_00: you know,
- 29:05SPEAKER_00: and I'm beginning to think we're getting there now,
- 29:09SPEAKER_00: you know,
- 29:09SPEAKER_00: if you're not using AI and you're a lawyer,
- 29:12SPEAKER_00: you're questionable whether or not you're beginning to get
- 29:16SPEAKER_00: on like ethical shaky ground.
- 29:18SPEAKER_01: Uh-huh.
- 29:18SPEAKER_01: And can we actually just unpack that a bit because I want to make sure,
- 29:21SPEAKER_01: I mean, I took the ethics exam as well.
- 29:23SPEAKER_01: Sure.
- 29:24SPEAKER_01: It's not ringing a bell, but I assume it's part of just delivering excellence for your client.
- 29:28SPEAKER_01: And the idea is if you swear off of all technology,
- 29:31SPEAKER_01: then presumably you'll be taking longer to deliver a worse work product.
- 29:35SPEAKER_01: Is that the basic thing?
- 29:36SPEAKER_01: That's exactly right.
- 29:37SPEAKER_00: I honestly think it was a throwback to the fact that lawyers were the last people
- 29:41SPEAKER_00: to start catching on to the technological bandwagon.
- 29:45SPEAKER_00: And I think some smarter members of the profession were like, well, we should...
- 29:49SPEAKER_00: Put it into the canons that they should be using.
- 29:51SPEAKER_00: They have to explore it.
- 29:52SPEAKER_00: They have to understand what it can do.
- 29:54SPEAKER_00: And they're remiss if they don't ultimately bring it into their practice.
- 29:58SPEAKER_00: And that's where we are now.
- 29:59SPEAKER_00: I'm not here to say if you're not using AI, you're violating ethics.
- 30:03SPEAKER_00: But at some point, that'll be a true statement, right?
- 30:07SPEAKER_01: So if you were starting law school today,
- 30:08SPEAKER_01: what would you focus on or invest in to become a great lawyer?
- 30:12SPEAKER_00: I think the practice of law is changing, right?
- 30:17SPEAKER_00: And to go back to my,
- 30:18SPEAKER_00: you know,
- 30:19SPEAKER_00: the software engineers were the first people to adopt generative AI,
- 30:23SPEAKER_00: and it's really weird to me that lawyers are the second, right?
- 30:25SPEAKER_00: But I do think there's lots of good reasons for that.
- 30:28SPEAKER_00: I think lawyers and software engineers actually do the same thing.
- 30:30SPEAKER_00: They use language and logic to achieve repeatable structured outcomes, right?
- 30:35SPEAKER_00: And so one of the things I think about is...
- 30:40SPEAKER_00: If you want to know where the legal profession is going from
- 30:43SPEAKER_00: a technological perspective,
- 30:45SPEAKER_00: it's probably okay to look at what's going on with software developers and say,
- 30:49SPEAKER_00: oh, that's probably a good bellwether for where things are coming to lawyers.
- 30:54SPEAKER_00: And the biggest shift that's happening right now is this shift to agents, right?
- 30:59SPEAKER_00: And agentic models, right?
- 31:02SPEAKER_00: And what that generally means,
- 31:03SPEAKER_00: like we discussed, is,
- 31:04SPEAKER_00: you know,
- 31:05SPEAKER_00: you can tell an agentic model what the outcome is that you want,
- 31:08SPEAKER_00: and then it can go and figure it out.
- 31:10SPEAKER_00: It might come back to you with some questions,
- 31:12SPEAKER_00: it might ask for some additional data,
- 31:13SPEAKER_00: it might ask for additional context,
- 31:15SPEAKER_00: but it can develop the plan on how to deliver on what you want.
- 31:19SPEAKER_00: And so...
- 31:21SPEAKER_00: If you think about what that means from a practice perspective,
- 31:24SPEAKER_00: like lawyers used to be the ones who go out and did all the work, right?
- 31:29SPEAKER_00: Just like coders used to be the ones that used to go out and write all the code.
- 31:33SPEAKER_00: And, you know,
- 31:34SPEAKER_00: I could cherry pick the statistics,
- 31:36SPEAKER_00: but some large percent of code is no longer being written by software engineers.
- 31:41SPEAKER_00: Just like I think a lot of basic legal documents are no longer going
- 31:43SPEAKER_00: to be like first drafts are not going to be coming from people sitting at
- 31:47SPEAKER_00: a typewriter picking it out, right?
- 31:49SPEAKER_00: And...
- 31:50SPEAKER_00: And so what this means is your job as a lawyer to practice law is going to change
- 31:57SPEAKER_00: because what you're going to do is you're going to instruct agents to do the things
- 32:03SPEAKER_00: that you want them to do.
- 32:03SPEAKER_00: You're going to let those agents cook and then you're going to review the output
- 32:08SPEAKER_00: and do what you need to do with it after that.
- 32:10SPEAKER_00: Right.
- 32:11SPEAKER_00: And so you're going to become sort of like an orchestrator of agents.
- 32:14SPEAKER_00: Right.
- 32:15SPEAKER_00: And so But that to me is like a fundamental shift in how you think about how you practice law.
- 32:21SPEAKER_00: That's a skill set that you don't necessarily come out of law school prepared to do, right?
- 32:26SPEAKER_00: Like how do I tell, how do I keep multiple agents juggling at any given time?
- 32:31SPEAKER_00: And in fact,
- 32:33SPEAKER_00: I've been scaring my team recently by telling them like, hey,
- 32:37SPEAKER_00: we're going to start tracking from nine to five the number of agents
- 32:40SPEAKER_00: that you have going at any given time.
- 32:42SPEAKER_00: And the answer needs to be greater than one, right?
- 32:45SPEAKER_00: Right.
- 32:46SPEAKER_00: That's going to be something that we're going to measure.
- 32:48SPEAKER_00: And because that's how we know that you're getting maximal throughput out
- 32:52SPEAKER_00: of what you're doing, we're seeing that in the software space.
- 32:56SPEAKER_00: So to go back to your fundamental question, what would I do differently?
- 32:59SPEAKER_00: I would want to make sure I'm paying attention to this change
- 33:03SPEAKER_00: and understand what it means for me to no longer be the guy who sits in
- 33:07SPEAKER_00: the data room and reviews all the documents and how I sort of direct that instead.
- 33:11SPEAKER_00: And I think what happens is You need to develop a very keen ability to assess the output of AI.
- 33:19SPEAKER_00: And I think that's where I'd put a lot of my effort.
- 33:21SPEAKER_01: It is interesting.
- 33:22SPEAKER_01: I mean, one of the...
- 33:23SPEAKER_01: One of the things I experienced in my career was like the challenges of
- 33:26SPEAKER_01: the transition from individual contributor to management.
- 33:29SPEAKER_01: And you don't get a lot of training often in management,
- 33:31SPEAKER_01: even in places where like they provide trainings.
- 33:33SPEAKER_01: It seems like kind of what you're describing is that almost on day one,
- 33:37SPEAKER_01: you're a manager and you're learning how to manage and whether it's agents or
- 33:41SPEAKER_01: if you end up having a sizable team as you do,
- 33:43SPEAKER_01: you're learning the skill set that you would need in that position.
- 33:45SPEAKER_00: That's a very good analogy, I think, right?
- 33:47SPEAKER_00: Like you're becoming a manager from day one and at the same time
- 33:52SPEAKER_00: where you're also still
- 33:55SPEAKER_01: There are obviously like a lot of uncertainties,
- 33:57SPEAKER_01: anxieties now about the impact that AI will have on various different job markets.
- 34:02SPEAKER_01: It sounds like your sense overall is that tools like Harvey will be positive in
- 34:05SPEAKER_01: the legal profession.
- 34:06SPEAKER_01: Is that right?
- 34:07SPEAKER_00: I'll give you a real world example, right?
- 34:09SPEAKER_00: So I've worked on a couple like bet the company style M&As in my lifetime,
- 34:14SPEAKER_00: but most of them aren't that, right?
- 34:16SPEAKER_00: Most of them are like you're bringing in a small team of 10 people and like, you know, and so...
- 34:22SPEAKER_00: At Harvey in the last year, we've done four M&A events, right?
- 34:25SPEAKER_00: None of them were about the company.
- 34:26SPEAKER_00: They were just all these small, relatively small ones.
- 34:30SPEAKER_00: And when you're doing a small M&A,
- 34:32SPEAKER_00: historically speaking,
- 34:33SPEAKER_00: before AI, you would have to make some cost-benefit analysis, right?
- 34:39SPEAKER_00: Do we ask our outside counsel to review every single document in the data room?
- 34:44SPEAKER_00: For a relatively small M&A, the answer is probably no, right?
- 34:47SPEAKER_01: Yeah.
- 34:48SPEAKER_00: But you still want to know, like,
- 34:50SPEAKER_00: what are the top,
- 34:51SPEAKER_00: you know,
- 34:51SPEAKER_00: customer contracts and what are the top vendor contracts and things like that.
- 34:54SPEAKER_00: So you would eyeball these, like, rough heuristics.
- 34:56SPEAKER_00: Like, I want to see every customer contract that's above a million dollars.
- 34:59SPEAKER_00: And I want to see every vendor agreement.
- 35:02SPEAKER_00: And you would make those calls and you would hope that in the stuff
- 35:04SPEAKER_00: that you weren't reviewing wasn't a real big,
- 35:07SPEAKER_00: you know, pile of turd or something like that, right?
- 35:10SPEAKER_00: But now with AI, I can instruct my outside counsel or we can do it ourselves.
- 35:15SPEAKER_00: We review every document.
- 35:17SPEAKER_00: There's no document that we don't review, right?
- 35:19SPEAKER_00: So we're doing more legal work, right?
- 35:22SPEAKER_00: We're just using AI to help us, right?
- 35:24SPEAKER_00: And that's a relatively straightforward example,
- 35:27SPEAKER_00: but I think that concept is going to apply here.
- 35:31SPEAKER_00: The other thing that's going on is, do you remember when Amazon first started?
- 35:36SPEAKER_00: Right.
- 35:37SPEAKER_00: Right.
- 35:37SPEAKER_00: Right.
- 35:54SPEAKER_00: Beyond their expectations on speed, they're like, oh my God, John, thank you.
- 35:57SPEAKER_00: That was awesome.
- 35:59SPEAKER_01: That then becomes your expectation going forward, right?
- 36:01SPEAKER_00: And then that becomes the norm, right?
- 36:02SPEAKER_00: So combine those two things together,
- 36:04SPEAKER_00: I don't think we're going to be talking about a world with less lawyers in it,
- 36:09SPEAKER_00: right?
- 36:10SPEAKER_00: And my sort of like overarching theme on this is like AI is going to get used everywhere.
- 36:16SPEAKER_00: It's going to make the world move faster.
- 36:18SPEAKER_00: As the world moves faster, it gets more complex.
- 36:21SPEAKER_00: And I just think that lawyers shine in complexity, right?
- 36:24SPEAKER_00: So I think there's going to be strong demand for legal work
- 36:29SPEAKER_01: for the foreseeable future.
- 36:31SPEAKER_01: You talk about from a product perspective that Harvey uses multiple different models.
- 36:34SPEAKER_01: I'm curious if you can talk a little bit about that.
- 36:37SPEAKER_01: How do you pick and choose models?
- 36:39SPEAKER_01: What's the rationale there?
- 36:40SPEAKER_01: And why do you do it?
- 36:42SPEAKER_00: So when Harvey first came on the scene,
- 36:46SPEAKER_00: Um, we, we use primarily, um, models from open AI, but we weren't beholden to them.
- 36:52SPEAKER_00: We just thought that they were the best quality models out there, right?
- 36:56SPEAKER_00: There's been competition in the model front and,
- 37:00SPEAKER_00: you know, we're an open opportunity, you know, customer.
- 37:03SPEAKER_00: So we, we use models from Gemini,
- 37:05SPEAKER_00: we use models from Mistral,
- 37:07SPEAKER_00: we use models from Anthropic, and we obviously still use models from open AI, right?
- 37:11SPEAKER_00: But that's not what we're doing.
- 37:12SPEAKER_00: We're not just like wrapping up your question and passing it to it.
- 37:17SPEAKER_00: What we're really doing in our harness is we are deconstructing your question
- 37:23SPEAKER_00: and we're sending it to all these different model calls.
- 37:26SPEAKER_00: And for some parts, we might send it to Gemini.
- 37:28SPEAKER_00: And for some parts, we might send it to an Opus class model.
- 37:31SPEAKER_00: For some things, we might send it to a Sonic class model.
- 37:33SPEAKER_00: And we make all of these decisions about where It should go.
- 37:37SPEAKER_00: And we also have this lab, which is our benchmarking thing.
- 37:42SPEAKER_00: So we have all this data about which models are best for which kinds of questions.
- 37:48SPEAKER_00: And we use that information to inform our harness about where it's going
- 37:52SPEAKER_00: to route particular kinds of questions to it.
- 37:54SPEAKER_01: So simultaneously,
- 37:55SPEAKER_01: as you're working with the model companies to deliver your own product,
- 38:00SPEAKER_01: they're also increasingly rolling out legal services tools.
- 38:03SPEAKER_01: So I'm curious how you guys are experiencing that.
- 38:07SPEAKER_01: Like you're both a customer and a competitor.
- 38:09SPEAKER_01: What is that dynamic like?
- 38:10SPEAKER_00: So before coming to Harvey, I was at a company called Snowflake.
- 38:14SPEAKER_00: And this very same dynamic actually played out in Snowflake's history, right?
- 38:18SPEAKER_00: So Snowflake, they hate this characterization.
- 38:21SPEAKER_00: It's data warehousing in the cloud, right?
- 38:23SPEAKER_01: Mm-hmm.
- 38:24SPEAKER_00: And they were platformed on top of Azure,
- 38:26SPEAKER_00: they were platformed on top of AWS, and they were platformed on top of GCP.
- 38:30SPEAKER_00: Turns out each of the big hyperscalers has their own data warehousing platform.
- 38:34SPEAKER_00: Like Google's got BigQuery, Azure's got Synapse, AWS has Redshift, right?
- 38:39SPEAKER_00: So Snowflake was selling on top of those customers something that they competed with, right?
- 38:46SPEAKER_00: But still, A,
- 38:47SPEAKER_00: still found a way to partner with each of those three hyperscalers
- 38:50SPEAKER_00: who were delivering the data layer to their customers with absolute focus, right?
- 38:55SPEAKER_00: So I always tell people we need to do the exact same thing at Harvey.
- 38:58SPEAKER_00: We're going to compete with the model providers.
- 39:02SPEAKER_00: We're going to partner with the model providers and we're going
- 39:04SPEAKER_00: to stay laser focused on what it is that we need to do.
- 39:08SPEAKER_00: And whereas I think we'll be able to bring these 200 legal engineers to bear
- 39:13SPEAKER_00: and help with the change management and we'll be able to build out the features
- 39:16SPEAKER_00: that we know lawyers want because that's all we're focused on.
- 39:19SPEAKER_00: I think that's going to give us a depth of product that I don't expect
- 39:24SPEAKER_00: the model providers to be able to match with us in the short term.
- 39:27SPEAKER_01: In the history of technology,
- 39:28SPEAKER_01: it seems like it's always the case that the providers up the stack start looking
- 39:33SPEAKER_01: for ways to close out the competitors down the stack and they're well positioned in
- 39:37SPEAKER_01: the ecosystem to do that.
- 39:39SPEAKER_01: I'm curious if that's something that you're wary of.
- 39:43SPEAKER_00: I still think the best solution is just build a better mousetrap.
- 39:47SPEAKER_00: If you're the better mousetrap, the better mousetrap is going to win.
- 39:50SPEAKER_00: I think the other thing that I like to remind people of is there's this concept
- 39:53SPEAKER_00: of like model FOMO that exists in the world, right?
- 39:57SPEAKER_00: So when you're a lawyer,
- 39:58SPEAKER_00: like you only want to use the best because that's what we're – we're a special lot,
- 40:04SPEAKER_00: right?
- 40:04SPEAKER_00: So if when I go and I'm looking at like a Harvey or like one of the model providers
- 40:11SPEAKER_00: for legal, right – Maybe I choose one of the model providers for legal, right?
- 40:15SPEAKER_00: But then all of a sudden I'm locked into their models, right?
- 40:17SPEAKER_00: And at the time that I made that buy decision,
- 40:19SPEAKER_00: their models probably were the best in class, right?
- 40:22SPEAKER_00: But they won't always be.
- 40:23SPEAKER_00: Like there's so much great competition going on, right?
- 40:25SPEAKER_00: Like six months from now, it's going to be Gemini.
- 40:27SPEAKER_00: And six months after that, it's going to be anthropic.
- 40:30SPEAKER_00: It's always going to be shifting.
- 40:31SPEAKER_00: And so if you choose a specific model's provider's offering,
- 40:36SPEAKER_00: when that model provider is not the top model,
- 40:38SPEAKER_00: whatever that means, you're going to feel like you're not getting the best.
- 40:41SPEAKER_00: And that's going to weigh in on you.
- 40:42SPEAKER_00: Whereas if you use an AI application layer company like Harvey,
- 40:46SPEAKER_00: we can route to whomever we want to.
- 40:48SPEAKER_00: And that changes dynamically over time as new models come on the scene.
- 40:51SPEAKER_00: So we can help a little bit with the model FOMO.
- 40:54SPEAKER_01: I'm curious how you're sort of sizing up the DC conversation around these issues now.
- 40:58SPEAKER_01: Like there's conversation about like, should we relax antitrust laws for the hyperscalers?
- 41:03SPEAKER_01: There are questions about should we look actually at investigations
- 41:07SPEAKER_01: or moving forward with antitrust enforcement?
- 41:09SPEAKER_01: Is that all sort of like chatter on the other coast for you or is it something
- 41:13SPEAKER_01: that is material for you?
- 41:14SPEAKER_00: I mean, right now it's just chatter on the other coast for me.
- 41:16SPEAKER_00: I'm not paying that much attention to it.
- 41:18SPEAKER_00: I'm paying attention to what's going on in Sacramento a little bit, right?
- 41:23SPEAKER_00: But less so on that particular point.
- 41:25SPEAKER_01: So California actually has taken some steps to think about regulation in this area.
- 41:30SPEAKER_01: So- One of the bills, SB 574,
- 41:33SPEAKER_01: was one bill that we actually had been tracking ourselves and were thinking
- 41:35SPEAKER_01: about implications for the portfolio, including you guys.
- 41:38SPEAKER_01: Curious how that process played out from your point of view.
- 41:40SPEAKER_00: Yeah.
- 41:41SPEAKER_00: So now Harvey has a feature called horizon scanning,
- 41:45SPEAKER_00: which I wish we had a couple months ago because it would have told us about 574
- 41:50SPEAKER_00: before.
- 41:50SPEAKER_00: But good for us.
- 41:52SPEAKER_00: You were an investor with us.
- 41:54SPEAKER_00: You actually told us about it, right?
- 41:55SPEAKER_00: And so you put it on a radar screen.
- 41:57SPEAKER_00: And one of the fundamental things that we noticed about the original version of
- 42:00SPEAKER_00: the bill, and the bill basically talks about, like, it's a great bill.
- 42:04SPEAKER_00: Basically,
- 42:04SPEAKER_00: it says, like,
- 42:05SPEAKER_00: don't use privileged and confidential information with,
- 42:08SPEAKER_00: like, a publicly available tool, right?
- 42:10SPEAKER_00: Like, make sure you've got the right, you know, protections in place, right?
- 42:15SPEAKER_00: But it didn't have a definition of what a publicly available AI system was.
- 42:21SPEAKER_00: So, we've Very politely pointed that out and said,
- 42:25SPEAKER_00: by the way,
- 42:26SPEAKER_00: the California Bar Association just came up with a definition
- 42:29SPEAKER_00: that we think is perfectly fine.
- 42:31SPEAKER_00: Maybe use that definition in the bill.
- 42:33SPEAKER_00: And that's how the bill passed ultimately, right?
- 42:36SPEAKER_00: And so, again, I thought it was a perfectly good bill.
- 42:39SPEAKER_00: I just think it needed some more definition.
- 42:41SPEAKER_01: Yeah, it's sort of a rare example, I think, of...
- 42:44SPEAKER_01: Different components of the policy process working well,
- 42:46SPEAKER_01: like the lawmaker who was pushing it was interested in doing this thoughtful thing,
- 42:51SPEAKER_01: I think,
- 42:51SPEAKER_01: and how the industry would be regulated,
- 42:53SPEAKER_01: but the definition was one that would have had unintended consequences.
- 42:57SPEAKER_01: It would have let open litigation, right?
- 42:59SPEAKER_01: They were really receptive to feedback to make it more consistent with its intent,
- 43:03SPEAKER_01: which is great.
- 43:04SPEAKER_01: John, thanks so much for coming on the podcast.
- 43:06SPEAKER_00: Thanks so much.
- 43:06SPEAKER_00: Appreciate it being here.
- 43:10[music]