managing partner retreat using technology to streamline the practice of law by dave cunningham oct...
TRANSCRIPT
© 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
3© 2009 Baker Robbins & Company
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
4© 2009 Baker Robbins & Company
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
5© 2009 Baker Robbins & Company
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
6© 2009 Baker Robbins & Company
Risk Management
Cohesion (Clients / Offices)
Managing Electronic Content
Alternative Fee Arrangements (AFA)
Using Technology toStreamline the Practice of Law
7© 2009 Baker Robbins & Company
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
8© 2009 Baker Robbins & Company
Risk Management
Cohesion (Clients / Offices)
Alternative Fee Arrangements (AFA)
Managing Electronic Content
Using Technology toStreamline the Practice of Law
9© 2009 Baker Robbins & Company
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
11© 2009 Baker Robbins & Company
Risk Management
Cohesion (Clients / Offices)
Alternative Fee Arrangements (AFA)
Managing Electronic Content
Using Technology toStreamline the Practice of Law
12© 2009 Baker Robbins & Company
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
13© 2009 Baker Robbins & Company
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 & [email protected]