LEGAL PROJECT MANAGEMENT: A NEW WAY OF MANAGING MATTERS

Transcription

1 LEGAL PROJECT MANAGEMENT: A NEW WAY OF MANAGING MATTERS Lora Friedemann & Greg Karpenko October 14, 2014

2 Agenda 1. What is legal project management ( LPM )? 2. How are firms and companies using LPM? 3. Practical tools and examples 4. Q & A

3 LPM: A Process for Defining, Planning, Executing and Evaluating Matters Phase One: Assessment Discuss and define the goal(s) for the lawsuit Agree on the scope of work to be performed Agree on the budget for the work to be performed Phase Two: Execution Track progress on case and budget Phase Three: Case Closing Debrief & capture lessons learned

4 Benefits of LPM Greater predictability Transparency regarding the cost of tasks and phases Improved communications Better work product because all members of the team understand your goals Active involvement when there are potential changes to scope, leading to fewer surprises

5 Challenges to Using LPM LPM requires an articulated goal or goals and active client participation A greater time investment for outside counsel may be required at the beginning of the case Budgeting by phase or task is difficult for nearly all firms because of a lack of historical data Some budget drivers are not in our collective control, such as opposing counsel and the judge Changes in scope are part of the process

6 Uses of LPM in Litigation Any litigation matter Large lawsuits are particularly well-suited to LPM Any litigation that follows a known and predictable pattern is also well-suited What are you doing in your organization? What experience do you have with LPM working well or poorly?

7 Phase One: Case Assessment Stakeholder analysis Risk analysis Scope of work agreement Establishes your priorities Provides foundation for how the matter will be managed Budget Break down budget by phase or task Outside counsel tracks time according to the phases/ tasks in the budget

8 Litigating Without a SOW & Task Codes

9 Elements of a SOW Agreement Matter definition and brief description Purpose of the engagement Desired outcome how you define success as the client Detailed deliverables, such as number of depositions Assumptions and exclusions what is in/out of scope Criteria for change order approval Known risks Key deadlines or expected timelines Defined check-in points Budget or fee

10 Our Phases and Task Codes Commencement Initial proceedings PI & TRO Non-deposition discovery Fact depositions Expert discovery Non-dispositive motions Dispositive motions Settlement Case management Trial preparation Trial Post-trial Appeal

11 Phase Two: Execution Communicate regularly using desired frequency and method Provide regular budget to actual reports Check-in meetings at the agreed-upon times in the lawsuit Discuss potential scope changes and impact on budget

12 Sample Budget to Actual Report Phase Budgeted Fees Actual Fees % of Budget % Complete Commencement $10,000 $9,000 90% 100% Fact depositions $10,000 $11, % 100% Dispositive motions $50,000 $25,000 50% 75% Settlement $10,000 $3,000 30% 20% Trial $50,

13 Phase Three: Case Closing Meet with outside counsel to discuss: what went well what can be improved next time cost of case compared to budget Decide what changes, if any, you will make next time

14 Suggested First Steps Hold a matter team kick-off meeting with outside counsel Use a Scope of Work Agreement Request regular status reports regarding the case and budget Conduct a debrief at the end of the case

15 Practical Tools and Forms In Materials New case interview checklist Sample scope of work agreement Fredrikson & Byron litigation task codes End of matter checklist ACC Guide to Project Management

16 Questions?