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eDiscovery Trends: eDiscovery Work is Growing in Law Firms and Corporations
 

There was an article in Law Technology News last Friday (Survey Shows Surge in E-Discovery Work at Law Firms and Corporations, written by Monica Bay) that discussed the findings of a survey released by The Cowen Group, indicating that eDiscovery work in law firms and corporations is growing considerably.  Eighty-eight law firm and corporate law department professionals responded to the survey.

Some of the key findings:

  • 70 percent of law firm respondents reported an increase in workload for their litigation support and eDiscovery departments (compared to 42 percent in the second quarter of 2009);
  • 77 percent of corporate law department respondents reported an increase in workload for their litigation support and eDiscovery departments;
  • 60 percent of respondents anticipate increasing their internal capabilities for eDiscovery;
  • 55 percent of corporate and 62 percent of firm respondents said they "anticipate outsourcing a significant amount of eDiscovery to third-party providers” (some organizations expect to both increase internal capabilities and outsource);
  • 50 percent of the firms believe they will increase technology speeding in the next three months (compared to 31 percent of firms in 2010);
  • 43 percent of firms plan to add people to their litigation support and eDiscovery staff in the next 3 months, compared to 32 percent in 2011;
  • Noting that “corporate legal departments are under increasing pressure to ‘do more with less in-house to keep external costs down’”, only 12 percent of corporate respondents anticipate increasing headcount and 30 percent will increase their technology spend in the next six months;
  • In the past year, 49 percent of law firms and 23 percent of corporations have used Technology Assisted Review/ Predictive Coding technology through a third party service provider – an additional 38 percent have considered using it;
  • As for TAR/Predictive Coding inhouse, 30 percent of firms have an inhouse tool, and an additional 35 percent are considering making the investment.

As managing partner David Cowen notes, “Cases such as Da Silva Moore, Kleen, and Global Aerospace, which have hit our collective consciousness in the past three months, affect the investments in technology that both law firms and corporations are making.”  He concludes the Executive Summary of the report with this advice: “Educate yourself on the latest evolving industry trends, invest in relationships, and be an active participant in helping your executives, your department, and your clients ‘do more with less’.”

So, what do you think?  Do any of those numbers and trends surprise you?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

eDiscovery Careers: Achieving Success as a Non-Attorney in a Law Firm: Find/Make the Right Environment, Part 1
 

Last week, I introduced a new series regarding achieving success as a non-attorney in a law firm.  One key to achieving success is being in an environment that permits it. In the next posts I’m going to talk about the type of environment that fosters growth and success. Let me make it very clear, however, that I am NOT suggesting you look at these posts and decide that it’s time to call a recruiter! There are a few things you should keep in mind as you read the first few posts in this series:

  • It is unlikely that any firm is going to be the perfect environment.
  • Even if you determine your firm may not be the best place to attain your ultimate goals, it may be exactly what you need today.  It may be the right place to develop essential skills that you’ll need.
  • If things aren’t in place at your firm today that would make it the right environment, that could be an opportunity rather than a negative. I’ll expand on that a bit later in the series.

So, my purpose in talking about “the right environment” is not to encourage you to start shopping around.  I’m discussing this so that if and when the time does come for you to move on, you can use these points as a guide for assessing firms you are considering:

  1. How significant is the litigation practice to the firm?  If litigation is a small part of the firm’s overall practice, that could hinder your chance for senior level status.  You’ve got a better chance of being noticed if you are working in a practice area that is very significant to the firm.
  2. How widely used is technology in the firm?  This is becoming less and less of an issue — especially at large firms.  Occasionally, however, I still run into firms that have a fair number of attorneys who just don’t want to use technology.  Don’t be concerned specifically about the use of litigation support technology.  If the attorneys are technically solid otherwise, this could be an opportunity rather than a negative.
  3. How aggressive is the firm’s marketing?  This is an indication that the firm recognizes the need to be competitive and has taken steps to do so.  Does the firm highlight litigation support and electronic discovery services in its marketing to potential clients?  If it doesn’t, this might be an opportunity rather than a negative.

Tomorrow, we’ll continue with additional things to look at when assessing an environment. So, what do you think?  Do you have suggestions for what to look for?  Please let us know or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

eDiscovery Careers: Achieving Success as a Non-Attorney in a Law Firm — Introduction
 

In the 30+ years that I’ve been working in litigation, I’ve seen a dramatic change in law firm culture and operations.  Let me start with what it was like way back when:

  • Law firms thrived simply by having talented attorneys with winning records.
  • Law firms got business based almost exclusively on the relationships that partners had with clients.
  • It didn’t matter if law firms were behind the rest of the world with regard to technology use.  Clients didn’t care.
  • Clients didn’t pay too much attention to bills.  Attorneys were expensive and that’s just the way it was.

This meant that law firms didn’t have to operate efficiently.  They did legal work, they billed their clients, they got paid, and they got more business.

How times have changed!  Here’s what it’s like today:

  • Clients pay close attention to the costs of legal representation. 
  • Clients want to know how much legal services will cost.  They want to know what they’ll be paying for.  They want to know what type of people will be working on their cases and how much those people cost. 
  • Clients dictate what they will pay for and what they won’t.
  • Clients want to know what technology will be used.   
  • Clients scrutinize bills and they question costs that they think are excessive or didn’t expect

In short, clients have forced law firms to be competitive, to do marketing, and – most significantly – to be efficient.  Clients are forcing law firms to operate like the rest of the business world.

This shift in operations and culture means more opportunities for non-attorney professionals.  Law firms today need more than talented attorneys.  They also need talented business, technology, and marketing professionals.

Today, I see more and more non-attorneys attaining senior level positions and high compensation levels in law firms.  I see non-attorneys treated as equals by senior partners in law firms.  I have also, though, seen very talented people who haven’t climbed that ladder of success in a law firm.  The difference doesn’t always come down to knowledge and skills.  To achieve that success, we have to do more than be good at our jobs.  That’s what I’ll be focusing on in this blog series.  I’ll walk you through some steps you can take and techniques you can employ that will increase your odds of grabbing that brass ring. Specifically, we’ll cover six general topics:

  1. Find/make the right environment
  2. Know your stuff
  3. Make yourself well-known
  4. Make yourself critical
  5. Expand what you do
  6. Master some good habits

Next week, we will begin talking about finding/making the right environment.  See you then!

So, what do you think?  Have you gotten to the position you’ve sought in your firm?  Do you have tips you can share?  Please let us know or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

eDiscovery Best Practices: See Jane Teach – How To Manage Litigation Projects
 

One major problem that many organizations are facing these days in large-scale litigation is that the demand for project managers far exceeds the supply.  Law firms find themselves moving talented — but inexperienced — professionals into project management positions. Electronic discovery experts, litigation paralegals, technically savvy litigation support professionals, and even attorneys are taking on project management responsibilities with little experience or training.

You may have noticed we haven’t had any new posts from Jane Gennarelli lately.  Believe it or not, we all have “day jobs” here at eDiscoveryDaily and Jane’s “day job” is as principal of Magellan’s Law Corporation> where she has been assisting litigators in effectively handling discovery materials for over 30 years.  In that role, Jane has been busy lately with a Magellan's Law training program for aspiring litigation project managers.

Magellan’s Law Project Management training program is designed for project managers who need help to develop expertise on project management best practices.  The project management skills, components, and techniques covered in the class will prepare students to manage any of the document handling tasks associated with litigation discovery – everything from identification and collection through production.  Among other things, students learn:

  • Project management tasks in discovery
  • Skills and techniques for managing project staff
  • Skills and techniques for managing clients
  • How to prepare reliable schedules and budgets
  • Mechanisms for controlling costs throughout a project
  • Techniques for ensuring high-quality and defensible work product
  • Tips for effectively managing time
  • How to build good relationships with clients and project stakeholders
  • Problem solving techniques and skills
  • How to evaluate, select and manage the right vendors for a project

The class is taught at your facility, at your convenience, so Jane comes to you!  To find out more about the class, click here.  You can also give Jane a call @ (210)561-5626 to find out more.  She can put you in touch with students who have taken the class to enable you to hear firsthand from people in the trenches who have benefitted from the class.

As for Jane’s contribution to eDiscovery Daily, she will be publishing a new series to provide best practices for non-attorneys providing litigation and eDiscovery support services to achieve success in a law firm.  This series should debut in the next week or so.  Welcome back, Jane!

So, what do you think?  Do you feel overwhelmed trying to manage litigation and eDiscovery projects?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

eDiscovery Trends: One Third of Surveyed Attorneys Plans to Increase eDiscovery Spending
 

A new survey from Robert Half Legal eDiscovery Services finds that spending by organizations on electronic discovery-related services grew in 2011 and should continue to increase through 2013.  According to the survey of 350 attorneys in large law firms and corporations in the US and Canada, 23 percent of attorneys surveyed said their law firms and corporate legal departments increased eDiscovery expenditures in the last year, with 71 percent indicating that spending remained the same and just 2 percent indicating that they reduced spending.  For 2012 and 2013, nearly one-third (33 percent) of attorneys expected to increase spending on eDiscovery, while 56 percent expect no change in spending and 4 percent expect to decrease eDiscovery spending.

Other interesting findings from the survey include:

  • 27 percent of attorneys surveyed indicated that they don’t currently have a standard operating procedure in place in the event they receive an unexpected request for discovery;
  • 15 percent of survey participants are “not at all confident” that their organization has an eDiscovery plan in place to respond to a request for cloud-based information in response to a regulatory request or litigation;
  • 22 percent of attorneys surveyed are “not at all confident” that their organization has an eDiscovery plan in place to respond to a request for information from social media sites in response to a regulatory request or litigation;
  • Survey respondents indicated that their organization has received an average of 16 external requests for electronically stored information (ESI) in the last three years;
  • 12 percent of attorneys surveyed stated that issues or problems with collecting or reviewing ESI negatively affected a case or ruling for their law firm or company in the last three years;
  • 22 percent of responding corporate lawyers said their organization increased its handling of eDiscovery projects in house within the last year.

This study, and the IBISWorld study from last fall, point to continued growth in eDiscovery activities and spending.  It seems apparent that, as data within the world continues to double every 1.5 to 2 years, many law firms and corporations are having to “ramp up” to meet their eDiscovery obligations.

So, what do you think?  Do these results surprise you?  If so, are they higher or lower than you expected?  Please share any comments you might have or if you’d like to know more about a particular topic.

Disclaimer: The views represented herein are exclusively the views of the author, and do not necessarily represent the views held by CloudNine Discovery. eDiscoveryDaily is made available by CloudNine Discovery solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscoveryDaily should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.

Marketing a Litigation Support / eDiscovery Department within a Law Firm: Closing Thoughts
 

In the past few weeks we’ve talked about various marketing techniques and mechanisms that — in my experience — work well in a law firm.  In closing, I have just a few additional thoughts I’d like to share with you on the subject.

  • Whether you realize it or not, everyone in the department is involved in marketing.  Your clients’ interactions with department members form their impression of your services.  Everyone in the department, therefore, is contributing in a positive, neutral, or negative way to marketing.  Work with the members of your department to ensure that everyone is contributing in a positive way.  Make sure that everyone is projecting a spirit of cooperation and an eagerness to help.
  • You want your clients to see you as a peer.  You don’t want to be viewed as “the help”.  You want the relationship to be one of partnership.  How do you make this happen?  First, practice the techniques we covered for building good relationships and for providing suburb customer service.  Next, be confident in what you know and what you can do.  You are the expert.  You want your clients to see you as such.  And last, project the right image.  Look and act like you belong in your client’s environment.  
  • Always remember that everyone you talk to in the firm is a potential customer or has links to a potential customer.  So every interaction you have should be viewed as a marketing opportunity.
  • Make this a goal:  Everyone in the firm will know who you are, what you do, how you can solve their problems, and how they can reach you.

I hope you enjoyed this series on marketing litigation support services within a law firm.  Let us know what you think.  And be sure to let us know if you’d like to know more about a particular topic.

Marketing a Litigation Support / eDiscovery Department within a Law Firm: Keeping Existing Customers, Part 2
 

In the last post in this series, we began talking about marketing techniques for keeping the customers you have.  The first point we covered was continuously reminding your customers of the services that you offer.  The second thing you need to do is to look for new ways to help the customers that you have.

You have a significant advantage here… you know the litigation process, you know how attorneys work, and you know what they need.  In short, you know what’s coming.  Be proactive.  Anticipate what your clients will need and let them know how you can help.  And if their needs are outside the scope of what you do, determine if that work should and could be within the scope of your offerings.  You may uncover ways to expand your department’s services.

The last – and probably most effective – way to keep existing customers is to provide suburb customer service.  All the time.  Without fail.  You need to treat your clients well; you need to get them what they need, when they need it; and you need to make it very easy and painless for your clients to work with you.  Establish customer service guidelines for your staff and establish top priorities for the department.  At a minimum, the department’s priorities should include meeting deadlines, delivering high quality work, and effectively communicating with clients.

Customer service guidelines include things like making sure that it’s easy for clients to reach you and being responsive to phone calls and email.  You need to make sure your staff is trained in dealing with clients.  For example, make sure that everyone on your staff knows the right way to respond if client is unhappy about something.

Tomorrow, we’ll conclude this blog series on Marketing a Litigation Support / eDiscovery Department within a Law Firm.  Let us know if you’ve got any questions or comments.  And be sure to let us know if you’d like to know more about a particular topic.

Marketing a Litigation Support / eDiscovery Department within a Law Firm: Keep Existing Customers, Part 1
 

Yesterday, we concluded our discussion about getting new customers.  Today, we begin discussing how to keep the customers you already have.

Getting repeat business from your clients is essential.  If every client only used your services once, at some point you’d be out of business.  You need to focus, therefore, on getting repeat business.  There are three things you should be doing: 

  1. Continuously remind your customers of the services that you offer.
  2. Look for new ways to help the customers that you have.
  3. Focus on providing premier customer service. An attorney will not use your services a second time if he or she was not happy with the service you provided the first time!

Let’s start with reminding your customers about the services that you offer.  Don’t let them forget that you are available to help them.  Many of the mechanisms we covered in the posts on Getting New Customers apply here too.  Here are a few suggestions:

  1. Make sure that all of the clients for whom you’ve done work are on your newsletter distribution list.
  2. Invite them to presentations that you’ve got scheduled.
  3. Contact them when you see they have a new case and ask how you can help.
  4. If you see an article that is relevant to a client, forward it with a personal note.
  5. Pick up the phone and call an attorney for whom you’ve done good work and ask how they are doing, what they are working on, and if you can help.
  6. Be visible.  Be everywhere.  Attend every firm event that you can.  Eat lunch in the firm dining room.  Walk around and schmooze.  Of all the points on this list, this one is the most important.  Everyone is familiar with the saying “out of sight, out of mind”.  Don’t be either!

Next week we’ll continue talking about ways to keep the customers that you have.  In the meantime, we’d really like your input on how you’ve approached marketing in your firm.  How much marketing do you do, and what’s worked well for you?  Please share any comments you might have or let us know if you’d like to know more about a particular topic.

Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 5
 

Last week, we started talking about techniques and mechanisms for one-on-one marketing to individual attorneys and litigation teams in your firm.  Here are a few more tips:

  • Be enthusiastic about what you do.  It’s contagious and it will get others excited about your offerings.
  • Be prepared for objections.  If you’ve been working with attorneys for a while, you know what objections might be raised to using your services and products.  Be prepared to address them.  Some of the repeated objections I’ve encountered are:
    • “My client won’t pay for this”:  Be prepared with cost information and cost analyses and comparisons.  You know that what you do fosters efficiency and saves money in the long run, so have the information you need to demonstrate that.
    • “Only an attorney can do this”:  Be prepared to describe a process that will make them comfortable and ensure them that substantive decisions and answers remain in the hands of attorneys.  Have testimonials from other attorneys in the firm that rave about how well it worked for them
    • “I tried that once and it was a disaster”: You may face some attorneys who have had a prior bad experience with the services you offer.  The costs may have been out of hand, deadlines may have been missed, or a database may have not been useful.  Be prepared to discuss the mechanisms that are built into your approach for controlling costs and meeting deadlines.  Be prepared to discuss the planning and design steps that you take to ensure that a database will be useful.  Be prepared to discuss the approach you take to monitoring service providers to ensure that they live up to the commitments they make.
  • Provide references.  When you’ve done good work for someone, ask if they will serve as a reference, and have references on hand for potential new clients.
  • Make “Getting that first sale” your primary objective.  Don’t try to sell them the whole ball of wax.  Identify what they need right now and focus on that.  Focus on solving an immediate problem.  If you get your foot in the door with one task and you do a good job, getting them to buy off on future work will be easier.  And, don’t give them too many options unless that’s necessary.  You are the expert and you know the best options.  If you give them too many options, the decision will be harder to make.

So far, we’ve covered several mechanisms and techniques getting new customers.  Tomorrow we’ll start talking about techniques and mechanisms for keeping your existing customers. 

In the meantime, we’d really like your input on how you’ve approached marketing in your firm.  How much marketing do you do, and what’s worked well for you?  Please share any comments you might have or let us know if you’d like to know more about a particular topic.

Marketing a Litigation Support / eDiscovery Department within a Law Firm: Getting New Customers, Part 4
 

Successful marketing efforts have two components – ‘big picture’ marketing aimed at spreading the word about what you offer, and one-on-one marketing to individual attorneys and litigation teams.  In the last several posts in this series, we covered ‘big-picture’ marketing.  Now let’s move on to techniques and mechanisms for one-on-one marketing.  Here are some suggestions aimed at doing one-on-one marketing that work:

  • Know your audience.  Find out everything you can about people you will be marketing do.  Do your homework and find out about the cases they handle, the types of litigation they specialize in, the prior experience they have with litigation support and eDiscovery technology, the vendors they have used, the problems they’ve had, and their level of technical expertise.  You will always find it easier to sell to someone who you know something about.
  • Understand the dynamics of the litigation team:  Before a meeting with a litigation team, find out what you can about how the team works together, who the decision makers are, how decisions are made, and who – if anyone – may have objections to what you are trying to sell.  Know whether an individual you’ll be meeting with is a decision maker, a gate-keeper, someone with influence over the decision maker, or a saboteur.  Knowing who you are marketing to will set your expectations and help you prepare for a meeting aimed at getting a project.
  • Start building a good relationship.  Even if you haven’t worked with someone, you can start building a good relationship with them.  Here are some tips:
    • Always deliver what you say you can.  If you haven’t worked with someone yet, this may be delivering references, or information about your offerings.
    • Always be upfront about what you don’t know and what you can’t do.  But, fill in those gaps quickly and get back to them with information they need and contact information for others who can solve their problem.  Even if you can’t directly help them, you can become their “go-to” person for problems.  That will usually lead to business at some point.
    • Be incredibly responsive and punctual.  Never be even a minute late for a meeting and always respond quickly to phone calls and email.
    • Ask lots of questions.  This demonstrates that you have a genuine interest in your audience.

Check in next week for some more techniques and mechanisms for doing one-on-one marketing to individual attorneys and litigation teams in the firm. 

In the meantime, we’d really like your input on how you’ve approached marketing in your firm.  How much marketing do you do, and what’s worked well for you?  Please share any comments you might have or let us know if you’d like to know more about a particular topic.