Nearing her 10th anniversary as the editor in chief of Law Technology News, published by ALM, an Incisive Media company, Monica Bay '82, is intrigued by the way law firms are no longer being "managed behind closed doors like a private club. They are adopting a more open corporate model where everyone is recognized for what they bring to the party, not just the billable attorneys."  Technology, she believes, contribute to that change. 

"Today, firms can't just sell their lawyering - they have to sell their technology, too. Law is ideas and words. Savvy firms are figuring out how to harness their intellectual capital, to purpose and re purpose it, slice and dice it, bake bread, and serve toast."

A self-confessed "cyberbabe," Bay first started writing about technology at The Recorder, San Francisco's legal newspaper.  "I was always the guinea pig for new technology," she recalled.  She became senior editor of Counsel Connect, the ALM's fledgling on-line service, which has morphed into Law.com. In 1998, she moved to New York City to become editor of Law Technology News.

Today, how much technology a firm has can be as important as how many lawyers. Bay sees two big issues looming in legal technology:

Electronic date discovery (EDD): "The entire profession is dealing with EDD today. The 2007 Socha/Gelbmann survey reports that EDD is now a $2 billion industry, and is expected to double by 2009. EDD vendors are shifting from a reactive approach, where they come in after a suit is filed, to a proactive, litigation-readiness posture where they help companies set up protocols for content management and document retention.

Business intelligence:  "This includes the ability of firms to analyze financials so they know which offices or attorneys are the most productive. A second aspect is litigation. For example, uber-search tools help a trial lawyer vet expert witnesses to see for whom they have previously testified and what they said. Court docket systems offer alert services that notify firms anytime an existing or prospective client is sued. The third aspect is business development.  you can analyze an industry and see which law firms are getting the business. That is incredibly important in an environment where a lot of companies are using preferred law firm lists."

There has always been a balance between the art of law and the mechanics of practice. "For about eight years now, I've been saying that the billable hour will be dead in five years. But what's a little hyperbole? When I worked as a legal secretary, I would type bills on heavy Crane & Co. stationery with a lot of dead men's names at the top. These bills would say 'For services rendered,' followed by a number with a lot of zeroes. Today's clients won't tolerate that - they want accountability, and they distinguish between work that requires a top-dollar attorney and when legal services are just a commodity. Technology has a lot to do with that."

Read Monica Bay's blog at www.thecommonscold.com.