Canadian Lawyer

18 A P R I L 2 0 1 9 w w w . c a n a d i a n l a w y e r m a g . c o m I t is hard for anyone working in an information technology company to escape jargon. IT folks will outsmart lawyers in inventing and using jargon any day. One term that has been around for a while but has gained traction recently is "agile." Agile started as a software development method, but it has now become an overall way companies operate. Many companies have adopted or are aspiring to become enterprise-wide agile. While the agile approach has not easily translated in the legal realm, it does hold lessons that lawyers could learn in more effectively doing what they do best: negotiate contracts. The agile manifesto proclaims that it values "customer collaboration over contract negotiation." However, perhaps to not annoy lawyers, the manifesto clarifies that while there is value in contract negotiation, it values customer col- laboration more. There is also an interesting observation in the history section of L E G A L I N N O VA T I O N N O W AGILE CONTRACTS By Nagendra Krishnamurthy the agile manifesto, which would resonate with in-house lawyers in many organizations based on how they are perceived, namely, ". . . agile approaches scare corporate bureaucrats — at least those that are happy pushing process for process' sake . . ." One of the principles of the agile manifesto is "to deliver the working software frequently, from a couple of weeks to a couple of months, with a preference to the shorter timescale." As contract lawyers, if our goal is to review and negotiate a contract, we need to work toward the closure of contracts much faster. To do this, we need to first have information such as the number of documents reviewed by the team and the time taken to review the document. We then need to document the key learnings to develop best practices. One Indian business leader, when asked about why people stay at work late, said that they are either inefficient or overworked. By tracking the contract review process in a detailed and transparent manner, the legal team can demonstrate to manage- ment whether they are inefficient or short- staffed. Such detail tracking will also help the legal team identify areas where technology can be used more effectively or if there is any scope for automation. Some on the legal team may feel that detail tracking of the review process is intrusive or micro-management. So, it is important for leaders to clearly explain the advantages of this agile practice and how it can personally benefit them. Another principle of the agile manifesto is to "build projects around motivated individ- uals. Give them the environment and support they need, and trust them to get the job done." The contract review process can also be faster when the legal teams and business teams work together instead of in silos. This should not be contested by any business person, espe- cially those in IT, as it is another principle of the agile approach to avoid silos. The agile method, long used in software development, has lessons for lawyers O P I N I O N HUAN TRAN "Every lawyer will cite a win-win solution at some stage during contract negotiations. With agile contracting, such a solution is not only possible but probable."

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