managing partner retreat using technology to streamline the practice of law by dave cunningham oct...

© 2009 Baker Robbins & Company

Using Technology to Streamline the Practice of LawManaging Partner Roundtable

Presented by David B. CunninghamBaker Robbins & Company

October 7, 2009

2© 2009 Baker Robbins & Company

Managing Electronic Content

Risk Management

Cohesion (Clients / Offices)

Alternative Fee Arrangements (AFA)

Using Technology toStreamline the Practice of Law

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Email, Documents

Compliance

• Fragmented client file

• Records retention• Client demands

OperationalEffectiveness

• Mushrooming costs• Productivity drain• Forests killed

KnowledgeSharing

• Trapped / lost knowledge• Excessive associate time• Uncertainty

DiscoveryPreparedness

• Waived privilege• Litigation holds• Discovery and

production

Electronic Content is Caught Between Competing Forces

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Goals Form a Hierarchy

Complexity

Change Leadership

Organizational Reach

Operational EfficiencyLower

Higher

Higher

Deeper Client Relationships and Improved Client Service

Manage My Email

TeamCollaboration

KnowledgeSharing

Client FileManagement

Discovery Preparedness & Compliance

Improved Collaboration and

Knowledge Sharing

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Five Technology Enablers Available

Email ArchiveRule-based Classification

Solution

Complexity

Change Leadership

Organizational Reach

Operational EfficiencyLower

Higher

Higher

Manage My Email

TeamCollaboration

KnowledgeSharing

Client FileManagement

Discovery Preparedness & Compliance

Records & DocumentManagement

Matter-CentricContent

Management,Search

Email ThreadManagement

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Risk Management

Cohesion (Clients / Offices)

Managing Electronic Content

Alternative Fee Arrangements (AFA)

Using Technology toStreamline the Practice of Law

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Technology Opportunitiesin the AFA Process

Client Portal

Functions

Status Review

Approvals/Workflows

Financial Data

Client Communications

Management

Functions

Project Planning

Task Assignments

Resource Management

AFA Portfolio Management

Scope Change Request

Active Project Management

Status Reporting

Client Intelligence Feeds

Budgeting

Functions

Analysis of Past Projects

“What If” Analysis

Profitability Projections

AFA Models

Monitoring

Functions

Dashboards

Reports

Budget Warnings

Scope Change Alerts

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Risk Management

Cohesion (Clients / Offices)

Alternative Fee Arrangements (AFA)

Managing Electronic Content

Using Technology toStreamline the Practice of Law

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Risks Better Managed with the Help of Technology

• Practice Risks– Uniform procedures for handling client data

• Electronic and paper records management

• Subpoenas

• Litigation holds

• Ethical walls

• Cross-system screens

– New business intake

– Conflict analysis and decisions

– Litigation discovery intake, storage, retention

• Corporate Risks– Management of corporate entity records

– Tracking of authorized signers

– Tracking of restricted securities and trade requests

10© 2009 Baker Robbins & Company

Risks Related to Technology

• IT / Data Risks– Data integrity

• People data (recruitment employee alumni)

• Client and deal/case data

– IT continuity

– IT security

– Data protection

• Data confidentiality

• Data transfer agreements

• US-EU Safe Harbor Certification

• Compatibility with client regulations: HIPAA, Safe Harbor, ISO, Red Flag

• Ethical wall management

• Data loss (internal or by third parties)

• Onboarding / offboarding lateral lawyer data

– Third party agreements (hosting, maintenance)

– Green certifications

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Risk Management

Cohesion (Clients / Offices)

Alternative Fee Arrangements (AFA)

Managing Electronic Content

Using Technology toStreamline the Practice of Law

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Cohesion Across Firm Offices

• Reducing geographic barriers• Three digit dialing

• Firmwide rolodex

• Global conference number

• Video conferencing

• Reliability / quality

• Putting control in lawyer’s hands

• Online scheduling and scheduling panels

• Providing a teaming environment• Collaborative intranet with user control

• Enterprise search; access to document libraries

• Who knows who and expertise lookup

• Training on existing procedures and technologies

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Cohesion with Clients

• More informed clients– Matter status web sites or updates

– Access to vetted documents

– Access to matter file

– Lawyer providing knowledge learned based on:• Market intelligence

• Who knows who

– Blogs, Twitter

• Responsive document productions

• Personal contact with clients– Video conferencing

– Working in client offices

– Growing client engagement in relation to extranets

14© 2009 Baker Robbins & Company

David B. Cunningham, Managing Director, Baker Robbins & Companydcunningham@brco.com