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by tom1239 2119 days ago
Similarly, I am a qualified lawyer. I previously worked in a big law firm in London, which describes itself internally as both the “best” and “the most advanced” law firm in the world. I now work full-time as an engineer in software, and increasingly in hardware.

I agree with both comments.

To add, in large-scale corporate/commercial practice (which is the area which I practised), Git would be useful in replacing email-based collaboration, but the switching costs seem too high.

Currently, the corporate law contract negotiation workflow is as follows:

1. a party adds their tracked changes to a Word document based on a template contract;

2. the party emails this document to party B;

3. party B reads the changes, may discuss the changes with their client, adds their tracked changes, and then emails the updated document to party A.

This process repeats for every document, punctuated by occasional conference calls between the parties, until the parties agree.

‘Git for law’ would be useful for lawyers in increasing efficiency - and thus reducing costs for clients.

However, the benefits for law firms of adopting a new Git-based workflow are likely to seem relatively small to lawyers. Their current email-based version control system is messy and time-inefficient, but generally functions with minimal error.

On this basis, I would predict that most corporate law firms would be very slow to adopt a Git-based system - the benefits may not justify the costs.

One should also note that lawyers, particularly contract/commercial lawyers, are conservative by profession. In my experience, most lawyers are very slow to adopt new technologies, highly risk-averse, and skilled at spotting risks. The combination of these traits means that any technology will have to offer a very high benefit to replace an existing legal workflow.

4 comments

I am still working in big law and I disagree that the benefits of adopting more advanced version control would be small. However, I work in a field that is a mix of regulatory law and litigation, where almost no work is based on templates and most things are drafted from scratch.

One very large problem that typically comes up in large teams: Only 1 team member can edit the the "live version" of a document (it's locked for editing by the version control system), the other team members need to work "offline" and then reintegrate their changes/drafts into the main document. Everybody has lived through the horror story of a team member in the different time zone still having checked out the live version and going to sleep :)

Sometimes you have to circulate a draft document in parallel to multiple parties (e.g. colleagues with special subject expertise + client's inhouse lawyers + client's technical experts + other party's law firm + other party's inhouse lawyers + other party's technical experts). It can happen that you need to reintegrate comments from different parties to different versions of the drafts, e.g., if your client gives feedback quickly and you re-circulate updated version internally, then you receive other party's comments to the older draft version...

Besides the mechanical aspects of reintegrating comments, it is also difficult to track if everybody who needs to sign off has actually signed off on the parts of the documents they had to review. Often it gets lost who made which comment/change. It can be quite awkward if a regulator asks you "Isn't the technical statement on page 12 contradicted by fact XYZ" - please explain until tomorrow - and you have to quickly figure out who actually put that in...

Would you also email me so I can ask a few questions?

m@replace-with-my-username.com

Would be much appreciated!

Actually what is so time inefficient about this workflow? Sending by email doesnt take a minute. Also it is a great way to transfer responsibility (in whose park is the ball).
There are many flows that don't work. You can only have a single person working at the file at a time. You need a mutex (which email is in this case). However imagine that you send back a file, then realize that you missed something. You can add more changes and send it again, but if the other party has started working already now they have no reasonable way to merge in the new changes.

Also is there anything that actually guarantees that the tracked changes were the only changes made? I haven't seen this but it seems like a serious flaw in the process.

Also what if you get an intern to do some of the work, then you want to review the changes between version:$lastyousaw and version:$current. IIUC the mail with tracked changes only allows you to view one "patch" at a time.

To argue for this workflow: the mutex is soft (social) which is a good thing, sometimes ppl do not reply on time and you need to move forward. For having new ideas/paragraphs after sending out, you either inform the colleague to hold it until your done, or you send a paragraph and ask him to merge it.

The mail allows you to see all patches, sometimes 'clean slate' is done by accepting all changes. While this sounds like a problem in theory, in practise its not.

I agree that things can be better somehow, but it is really difficult to see any solution which is at least 10% better. The current workflow also has the advantages: - data is as safe as your filesystem and email system together - Word file is generally not considered a vendor lock-in - everybody understands the workflow - nobody can block the workflow (like not checking in again with sharepoint)

> Git would be useful in replacing email-based collaboration, but the switching costs seem too high.

Git was originally designed on an email based workflow for software development (hence the commands am, format-patch and send-email).

For contract negotiation, if the template contract was in plain text, then it could be emailed as a patch. The party would then apply that contract to their local git repository, make the changes and email the diff from the original template back to the first party.

So essentially, you could still use email, but have the diff between changes as the content in those emails (along with inline comments).

Unfortunately, corporate Outlook/O365 based email systems don't work very well when used in that fashion.

Tom, would also love to ask you a few questions via email.

m@replace-with-my-username.com

Sure thing. Emailed.