Take Away From International Litigation Support Leaders Conference

I attended this conference with two colleagues.  One an IT professional like myself, and the other a “super” paralegal.  I had high hopes for good ideas on how to better manage Litigation Support projects, as they tend to be a beast of their own.

We learned ideas for tracking our sub projects within projects from initiation of a case through closure and data destruction.  One thing I got excited about was the idea of a technical specification model.  At the onset of a project, write up the scope of work being done.  As the project goes on, version the scope with each change that comes along and have this as an audit trail for everything that is done to discovery and requested by the case team throughout the case.

One thing also discussed is the constant battle between deadlines and the time it takes to do what we, in Litigation Support, do. What will always be the case?  Court deadlines, changing time lines and the fact that as hard as we try to work with our case teams (attorneys, paralegals, clients, client IT, co-counsel, experts, in-house IT,etc) the name of the game is time and money.  The most common strategy that I’ve seen attorneys take is wait as long as possible before cracking into the e-discovery side of the case and try to work toward settlement.  Why?  This is an expensive part of the case.  We all know that.  Sometimes a cost higher than the worth of the case itself.  The challenge on the Litigation Support side is that it takes the time to preserve, collect, inventory, process, QC, cull, QC, review, QC, produce, QC any discovery. (did I mention QC?)

So that is the question I felt I left the conference unanswered.  How do we work with attorneys and case teams to educate them on the timelines for e-discovery so that they can better weigh the putting off of dealing with discovery issues for the sake of case strategy?

My one disappointment of the conference was that, while I love a good crack at attorneys, there was more than just a subtle rhetoric pointing to attorneys being our big challenge.  More than once paralegals were pointed out as paranoid and in the way.  Being as I work in a law firm it would not be healthy for me to view the attorneys or paralegals as part of the problem, however tempting that may be.  I don’t think that was the goal of any discussion at this well put together conference.  It was however constantly discussed and I feel that we have a responsibility to turn this conversation around.

First, paralegals are my best friends my com padres and my allies.  When an attorney contacts me on a case, if they do not already have a paralegal involved I encourage them get one involved.  1/2 the time this prevents me from doing the work of a paralegal.  The other 1/2 I can work with the paralegal with time lines, case setup, and me doing my work, the paralegal doing what they do best and presenting the attorney with what they need.

Second, attorneys pay my paycheck, so while I do prefer to be treated as an equal, respect must be paid.  I believe that the attorney / not an attorney line can change, and the burst of a need for IT Litigation Support to be involved in attorneys lives is an opportunity to do just that.  Litigation Support is a skilled industry involving a good deal of IT knowledge and PM ability.  Requiring this type of aptitude in individuals hired to these positions will slowly get to the attorneys in the form of a recognition that we are a valuable member of the team. One such discussion during the conference pointed ou that we as an industry will be better served if we present our services as consulting/expert(ise) rather that just support/data processing/etc.  Yes, sometimes we burn cd’s but what we did to get that cd together involved a lot of knowledge and awareness of issues like spoliation and privilege.

From the Lit Support side it is important to recognize that attorneys do know what they are doing, and that they are intelligent.  Rather than an obstacle, it is an opportunity we must take to constantly educate attorneys about what we do, why we do it and how. This is not the kind of overnight shift in paradigms that we would all like.  This is more one attorney or a couple of attorneys at a time.  Working with a partner is always a good idea because they will help with buy-in. Going after new associates in groups is also necessary as getting them on the bandwagon early can encourage going in the right path from the beginning.

All-in-All it was a wonderful conference.  I got to see a lot of familiar faces, talk with vendors about new and exciting technology (what can I say, I am IT and that is what excites me) and there were a lot of good discussions about what we do on a day to day basis.  It is a long time coming that there is a conference for IT Litigation Support Professionals.  Well done Litigation Support Today for getting this together for us!

– Courtney


The end of email attachments?

I just saw this on Twitter:  @EasyECM: Learning Content Management vs. Enterprise Content Management. Are they merging? Take the poll http://easyecm.blogspot.com/

Many of us have had to explain the concept of the parent-child relationship in e-discovery to our case teams at one time or another. Now, let’s take a step back or on the left of the EDRM to the “information management” stage.  Or if you’ve been on 451’s site today, then “information governance” . . . In order for us to be effective in managing e-discovery projects one of the first things we need to know is how does the corporate client store and manage their information?

Here’s a teaser quote from the blog post on enterprise content management… let’s discuss how this will impact e-discovery projects today… tomorrow… a year from now…

For example, 55% of AIIM survey respondents report they have “little or no confidence” that important emails are recorded, complete or recoverable. (That’s just a small improvement compared to the prior year’s results of 62% “non-confidence”). Considering that US courts regard email as an electronic record, that could become an expensive problem should a business find itself involved in litigation.

In the same AIIM survey 27% of respondents also reported that email attachments were “very unmanaged”.

Keep reading…

Gotta love Twitter! Found more blogs on this topic!

I love Twitter… I must admit, though, that I had an account for months before I figured out what to do with it. Eventually, I decided to go with what I know… now I tweet about litigation support training and e-discovery project management. I’m excited that as our industry grows and evolves, more learning resources find their way to the light. In fact, today there was a webinar on litigation project management …  You can read a nice review of it here on the Legal Project Management blog.

So how did I find Paul’s blog? Actually, he found me. I decided to look through who is following me on twitter this evening and follow some back… block others… check out new blogs… when I came across Paul and his blog.

He has some great links on his blog to other project management resources.

I try to catch up on who’s following me once a week … I better get back to it… since I tweeted at the International Litigation Support Leaders Conference last week, I’ve made some new friends and extra thanks to Gabe for adding me to his list of e-discovery tweeters!

Welcome to the E-Discovery Project Management Blog!

We are very excited about this new adventure. The objective of this blog is to become a resource of project management best practices that can be translated to the e-discovery world.

Did you know that there are hundreds of blogs and websites devoted to the discussion of project management best practices?

Did you know that there are few (that I know of) that focus on transferring or translating those best practices into viable best practices for electronic discovery or litigation support projects?

Our focus here will be on exploring best practices that we all can learn from.

Here’s how we envision things going forward:

We’ll post resources, best practices, and conversation starters…

You (yes, YOU) are invited to comment and provide feedback as to how you think it translates into e-discovery project management best practices. This has to be a team effort or it won’t be very successful. We will be vendor/ software/ service provider neutral but welcome everyone’s input.

Follow me on twitter to catch E-Discovery PM updates in progress. We will try to create a post for every tweet worthy of further discussion and requiring more than 140 characters to do so. I also tweet about litigation support training and have another blog that explores that topic.

We welcome guest bloggers! So send me an email to volunteer.