作者:Roy Strom Reporter Evan Ochsner Reporter
Norton Rose launched a Chicago office in 2022 with a lofty target: the firm and a tech company owned by a newly recruited partner would introduce 150 clients to a new legal workflow management tool called Proxy.
Three years later, the relationship didnât record a single sale to a firm customer. The reasons for the failure are laid out in dueling lawsuits filed by Norton Rose and the company, NMBL Technologies, led by now ex-partner Daniel Farris.
The fight comes as firms are making more tech investments than ever, diving headfirst into buzzy artificial intelligence tools. Many of those investments are bound to fizzle out, but consultants expect successful ventures will mimic Norton Roseâs plan: sell tech-enabled legal products rather than traditional billable hoursâa new challenge for law firms.
âPartners are good at selling legal services; selling products is not in their DNA, and that makes it hard,â said Jeroen Plink, chief operating officer of consultancy LegalTech Hub. âProducts are typically sold by product salespeople. Most law firms donât have product salespeople.â
Thereâs a long history of Big Law âinnovationâ efforts promising far more than they deliver, but the Norton Rose-Proxy episode offers a rare peak behind the scenes of the concomitant internal fallout.
NMBL argues that Norton Roseâs top leadership never invested in the company the way it promised and threw up bureaucratic roadblocks that made sales of the service impossible. It wants $15 million to make up for the botched rollout.
Norton Rose, meanwhile, says clients werenât interested in the tool, noting that an e-mail campaign marketing free trials to clients didnât receive a single response. The law firm wants as much as $250,000, saying it never would have invested in the tool had it known how poorly it was going to perform in the market.
Recruiting Farris from K&L Gates was instrumental to the firmâs start in Chicago. He was the first name listed in a quote from managing partner Jeff Cody announcing the 11 lawyers who launched the operation.
Farris led the design for the office in the trendy, Loop-adjacent business district known as Fulton Market. Heâs featured in a Norton Rose video marketing the site as the first Big Law space in the district, which Cody said signals the firmâs focus on âinnovationâ in the city. In fact, the firm called the new office an âinnovation hub.â
Cody told Bloomberg Law in an interview in June last year that Farris was a âbig proponentâ of opening in the Fulton Market district, calling the decision âbrilliantâ for capturing a âvibe that was very unique.â
He said Norton Rose needed to offer something distinct in the market to be successful, and that the firm has focused on Chicago being its âmost innovative, forward-thinking office in how we deliver services.â
âI said, âWe canât go to Chicago like every other firm goes to Chicago,ââ Cody said. âWe have to be different, or weâll get beat up.â
Cody was heavily involved in the negotiations to recruit Farris and to partner with NMBL, according to the companyâs lawsuit, which catalogues a nearly year-long recruiting effort that involved back-and-forth negotiations over Proxy.
One of the hold-ups was over language for getting 150 Norton Rose clients to sign up for the new technology. The law firm didnât want to sign up 149 clients and be on the hook for not performing, the NMBL complaint says. So the two sides settled on language that made the number a soft target based on Norton Rose providing âcommercially reasonable good faith efforts to introduceâ that many clients to the product, according to a copy of the agreement.
NMBL says Norton Rose didnât meet even that less-burdensome requirementâor other aspects of the agreement.
The firm ânever had any actual interest in investing in and championing Proxy,â said Andrew Patton, an attorney representing NMBL. Norton Rose used the Proxy agreement to recruit its cofounders to the firm âso that NRF could pursue traditional practices,â he said.
After original discussions that envisioned Norton Rose introducing all new clients to the products, the firmâs leader later insisted that relationship partners would decide whether to do so, according to NMBLâs complaint.
Even after Farris developed training videos and white papers demonstrating the product, as few as 5% of the firmâs lawyers accessed the materials, NMBLâs complaint says. The firm never hired a âclient success managerâ as the agreement envisioned.
âThe allegations made by NMBL are without merit. We will vigorously pursue this matter, which should be resolved in Texasâ (where the firmâs suit was filed), a Norton Rose spokesperson said.
With the rush of generative AI legal technologies, law firm spending on technology has been growing at âan unprecedented rate,â according to a report from Thomson Reuters this month. Year-over-year spending on knowledge management by law firms in the second quarter increased by 8.5% after adjusting for inflation, notching a record high.
Rolling out such generative AI products, however, is another challengeâone not limited to law firms. A survey S&P Global released in May said companies are more quickly abandoning AI initiatives, with 42% saying they scrapped the majority of them before they reached production, up from 17% a year earlier.
Ron Friedmann, a research analyst at Gartner, said even as law firms increase their tech budgets, there is skepticism that firms will succeed at building their own products and selling them to clients. âItâs a very different business than a law firm,â he said.
A handful of law firms have developed standalone subsidiaries that sell legal solutions as a service.
Wilson Sonsiniâs SixFifty subsidiary is perhaps the most recent, prominent example. It developed automated employment law products and was recently sold for between $70 to $85 million, legal journalist Bob Ambrogi reported. The company had a team of non-lawyer salespeople based out of Utah and sold annual subscriptions to its products.
The Norton Rose-Proxy agreement required the law firm to start a subsidiary to manage the relationship, according to the NMBL complaint. But the complaint calls the subsidiary, branded LX, a âsham entityâ that was funded with $500 and never opened a bank account.
âThe most successful law firm subsidiaries selling products operate completely independently from the law firm,â Plink said. âThey donât operate with law firm partners for sales.â