Project Management

eDiscovery Project Management: Effectively Manage your Time

 

Of all the project management techniques and activities we’ve discussed in the past weeks in this blog series, this is the one that gives many people the most trouble.   There is no set of rules I can list that’s going to work well for everyone.  I can, however, give you some tips to consider that may improve your time management skills: 

  • Be organized.  Use tools like calendars, to-do lists, email alarms and project management software to keep on top of all of the balls you need to keep in the air.
  • When possible, follow a routine and work from a plan.  Start each day with your door closed for 15 minutes to plan your day.  Set reasonable goals for the day and include time to respond to emails, return phone calls, review status reports, and to deal with the inevitable, unexpected situations that arise.
  • Delegate whenever you can.  For every thing you have to do determine if it can be delegated, to whom, and if that person can take it on.  If you delegate a task, define it well, give clear instructions, get agreement, make due-dates clear, and define authority levels (let the person to whom you are delegating know what they can make decisions on and what they need to come to you with).
  • Keep track of what you are doing.  I always maintain a project diary where I document my activity.
  • Effectively facilitate meetings.  Don’t let meetings for which you are responsible run over the scheduled time.  Prepare an agenda and distribute it.  Start the meeting on time.  Up front, state the purpose of the meeting and describe the goals.  Don’t let the discussion get off track.
  • Use standard materials and templates, such as project planning meeting agendas and reports, questionnaires to collect case information, technology surveys, requests for proposals, and status reports.

Managing your time effectively is critical, and it will set a good example for your staff.  When I feel overwhelmed, I find that stepping back, prioritizing tasks and adjusting my to-do list helps.  Always keep the big picture in mind when you caught up in chaos, and don’t sweat the small stuff

What do you think?  Do you have good tips for managing your time?  Please share any comments you might have or tell us if you’d like to know more about a topic.

eDiscovery Project Management: Effectively Manage your Clients

 

If you work in a law firm, your clients are in-house:  they are the litigation teams in your own firm.  It’s important that you maintain good lines of communication with them throughout a project and that you have a mutual understanding, from the start, of what’s expected.  That, of course, starts with setting expectations: 

  • As a first step, gather the information you need.  You’ll probably need to know the schedule for the case, the expected size of the document collection, locations of the documents, contact information for litigation team members, and case management order requirements.  If you can, schedule a meeting to collect this information.  If that won’t work, make it easy for your clients to give you this information (you might use an easy-to-answer email questionnaire).
  • Next, prepare and distribute a memo summarizing your understanding of the requirements.  Include a description of the deliverables, schedule and budget information, and a description of your approach.
  • Don’t agree to the impossible or the unreasonable.  Try to talk them out of bad decisions.  If you can’t prepare a memo that describes what potential problems may occur.

Throughout the life of the project make sure to submit regular status reports that tell your client where you are with regard to budget and schedule and that highlight project points of interest.  Don’t wait to pass along important project information in a regular status report.  If there’s a problem that needs their attention, give them a call and put it in a memo.  Keep your clients current on what you are doing and on where things stand.

What do you think?  How do you manage your clients’ expectations?  Please share any comments you might have or tell us if you’d like to know more about a topic.

eDiscovery Project Management: Effectively Working with a Service Provider

Yesterday, we discussed effectively communicating with a service provider before a project even starts.  To ensure successful results with service provider work, there are a few things you should do throughout the life of a project:

  • Make sure that you are available:  It is likely that a service provider will have questions about your project.  If those questions are not addressed quickly, it could affect approach, schedule and costs.  Make sure that a decision-maker is available who can respond to service provider questions and who can make decisions quickly when issues arise.  This is especially important at the start of a project – that’s when the most questions are likely to surface.
  • Review the work:  Just like with your own staff, you need to carefully check service provider work to ensure that they have understood your requirements and are doing the work properly.  Ask the service provider to provide small batches of initial work as soon as possible, and review that work and provide feedback right away.  It’s always better to catch problems early when they can be fixed before significant rework is required.  And spot-check work throughout the life a project.
  • Monitor status:  Review status reports and talk to the service provider if it looks like they are getting off track with schedule and costs.  If schedule variances are caught early, the service provider may be able to reallocate resources and get back on track.

These techniques work well for most projects.  There may be times when you’ve got a small, rush job that needs to be done overnight or within a couple of days – and there won’t be time to check work and give feedback before the work is done.  When you are faced with a project like that, it’s probably best to work with a service provider with whom you have already worked and you know is reliable.

What do you think?  How do you work with service providers?  Please share any comments you might have or tell us if you’d like to know more about a topic.

eDiscovery Project Management: Effectively Manage Service Providers — Upfront Communication

 

Some of the tasks that you manage may be better handled by a service provider.  A service provider may be able to deliver high quality work on a schedule that might be impossible for you to meet.  This doesn’t mean that you need to give up control of a project.  In fact, you shouldn’t.  A good service provider will encourage you to stay involved and to communicate frequently with them throughout the project. 

Good, two-way communication is critical.  It needs to start up front — during initial conversations with a service provider – and continue through the life of a project.

Before a project starts, discuss these things with the service provider you’ll be working with:

  • Project scope and requirements:  A good service provider will tell you what information they need so they can give you good price and schedule information.  Sometimes, the best information you’ll have will be ‘guestimates’ – in that case, you need to recognize that there are limits to how accurate cost and schedule information will be.
  • Expected project costs:  Most service providers will provide you with unit pricing for the work they do.  In addition, talk to them about estimated total project costs based on project parameters that you provide.  A good service provider does not want any cost components to be a surprise any more than you do. 
  • Project schedule:  Make sure the service provider clearly understands your schedule requirements and find out what they need from you (and by when) to meet those requirements.  Talk to them about the mechanisms they have in place for increasing project resources if the schedule starts slipping, and their policies regarding notifying you if a deadline is going to be missed.
  • Invoicing and status reports:  It’s a good idea to look at sample invoices and status reports in advance, before a project starts.  Most likely, you’ll be responsible for reviewing and signing off on these documents, so it’s a good idea to review them first and ensure that you understand them.
  • Getting in touch with the service provider.  Ask a service provider to provide you with contact information for project and management personnel involved in your project.  You want to be able to reach the right people quickly when a new project requirement or issue arises.

In the next issue, we’ll be talking about working effectively with a service provider throughout the live of a project.

What do you think?  Do you have thoughts on effectively communicating with service providers?  Please share any comments you might have or tell us if you’d like to know more about a topic.

eDiscovery Best Practices: Data Mapping for Litigation Readiness

 

Federal Rule 26(f)–the Meet and Confer rule–requires the parties in litigation to meet at an early stage to discuss the information they have and what they will share.   The parties must meet “at least 21 days before a scheduling conference is to be held or a scheduling order is due under Rule 16(b)”, which states that the “judge must issue the scheduling order…within the earlier of 120 days after any defendant has been served with the complaint or 90 days after any defendant has appeared.”.

That means the meet and confer is required 90-100 days after the case has been filed and, at that meeting the parties must disclose to each other “a copy of, or a description by category and location of, all documents, electronically stored information and tangible things that are in the possession, custody or control of the party and that the disclosing party may use to support its claims or defenses” (Rule 26(a)(1)(A)(ii)).  That’s not much time to develop a thorough understanding of what data may be potentially responsive to the case.

The best way for organizations to address this potential issue is proactively, before litigation even begins, by preparing a data map.  As the name implies, a data map simply provides a guide for legal and IT to the location of data throughout the company and important information about that data, such as the business units, processes and technology responsible for maintaining the data, as well as retention periods for that data.  An effective data map should enable in-house counsel to identify the location, accessibility and format of potentially responsive electronically stored information (ESI).

Four tips to creating and maintaining an effective data map:

  • Obtain Early “Buy-In”: Various departments within the organization have key information about their data, so it’s important to obtain early “buy-in” with each of them to ensure full cooperation and a comprehensive data map,
  • Document and Educate: It’s important to develop logical and comprehensive practices for managing data and provide regular education to employees (especially legal) about the organization’s data management policies so that data is where it is supposed to be,
  • Communicate Regularly: Groups need to communicate regularly so that new initiatives that may affect existing data stores or create new ones are known by all,
  • Update Periodically: Technology is constantly evolving, employees come and go and terminologies change.  Data maps must be reviewed and updated regularly to stay accurate.  If you created a data map two years ago and haven’t updated it, it probably doesn’t address new social media sources.

Preparing and maintaining a data map for your organization puts you in a considerably better position to respond quickly when litigation hits.

So, what do you think?  Does your organization have a data map?  Please share any comments you might have or if you’d like to know more about a particular topic.

eDiscovery Project Management: Effectively Manage Your Staff

 

An important part of managing a project is effectively managing the people doing the work and keeping them motivated.  This is especially critical when you need a lot of people for a task – for example, a document review project.  One weak link can result in poor work that needs to be redone.

Volumes have been written on this topic, and it may be worthwhile to do some reading on management skills.  However, let me give you a few suggestions that have worked well for me:

  • Know your people and make assignments that are in sync with their skills, strengths and preferences.  You will always get better results if you give people work at which they are likely to shine.
  • Get people on board with the assignment.  Make sure they understand the bigger picture, where their work fits in, and why it’s important to the case.
  • Give people clear instructions and good training.
  • Be available to them.  Make sure your staff knows how to reach you.
  • Regardless of what you are faced with, stay calm.  Panic on your part will instill panic in those doing work for you.  This never works out well.
  • Ask for input, suggestions and opinions.  This has two benefits:  you are likely to get good ideas that you’ll want to implement, and your staff will feel appreciated.
  • Don’t micro-manage your staff.  Monitor them enough to catch problems, but give them room to do their jobs.
  • Give lots of feedback.  Make sure people know when they are doing a good job, and make sure they know when you want them to change the way they are doing something.
  • Recognize and acknowledge good work.  When someone does a good job on a project that I’m managing, I write a thank you memo.  I describe the assignment, what they did, and how their efforts contributed to the overall goals and success of the project.  And I always copy senior people on that memo.  I have yet to find a better way to keep morale high for people doing good work.

What do you think?  Do you have some tips for managing people that you can share with us?  Please share any comments you might have or tell us if you’d like to know more about a topic.

eDiscovery Project Management: Maintain Good Records

 

Project documentation is a weakness that I’ve seen time and again in firms that I’ve helped.  And, I’ve seen it cause problems over and over again.

I’ve worked with attorneys who have done a great job of collecting and producing documents, but, nonetheless, they have trouble successfully resolving discovery disputes.   Why?  Because they didn’t keep records of what they did and how they did it.

I’ve seen litigation teams work on cases that came back to life after being dormant for five years.  No one knew what had already been done with the documents.  They had to start from scratch.

I’ve worked with litigation teams that lost team members, and in doing so lost the only people who had knowledge of certain case activities.

I’ve known litigation teams that couldn’t use significant evidence because they didn’t maintain adequate chain of custody documentation.

These problems cost litigation teams time and money, and in extreme situations, they can affect the outcome of a case  – all unfortunate results that can be avoided if good project records are kept. 

For each case, maintain a “case book”.  Start it at the beginning of a case with case overview information.  Create a form to capture this information:

  • Case name and parties
  • Date filed
  • Client
  • Client contact with phone and email
  • Information for each team member (name, position, phone and email)
  • Information for co-counsel (firm name and names, phone and email for individuals)
  • Information for opposing counsel (firm name and names, phone and email for individuals)
  • Schedule information (for example, discovery start and end dates, trial dates)

Create a section in the case-book for each document-handling task.  Create a form to capture this information:

  • Name of the task (for example, “Collecting Documents”)
  • The name, position and contact information for the person responsible
  • Start date, expected completion date, and actual completion date
  • The name, position and contact information for each team member that works on the task.
  • A section for notes and summary information

File task documentation in the case-book (for example, include budgets, schedules, forms, logs, chain of custody records and status reports).

Good record keeping doesn’t have to take a lot of time, and it can be invaluable.

What do you think?  Have you worked on a case where poor record keeping caused problems?  Please share any comments you might have or tell us if you’d like to know more about a topic.

eDiscovery Project Management: Monitor the Work

 

It’s critical to know where you are on a project so you can compare your progress to your budget and schedule and make adjustments if necessary.  Sometime the unexpected will cause you to fall behind.  In some cases, you’ll be able to take steps to fix problems and get back on track.  For example, you may be able to simplify a task without sacrificing quality or the utility of the work.

 

Here’s an example.  I once managed a coding project that was having problems.  The rate at which the staff moved through the collection was much slower than I had estimated.  At that slower rate, the deadline was going to be missed and the costs were going to skyrocket.  I met with the staff to determine why the work was taking so much time.  We determined that there was one field of information that was causing trouble:  coders were required to record the country in which certain types of activity occurred.  It was easy enough to record “United States” when something happened in New York.  It wasn’t so easy for the staff to record “Botswana” when something happened in Ghanzi.  I spoke with an attorney about the problem.  She determined that what they really needed to know was whether an activity occurred in the US, in England, or somewhere else.  We simplified the coding rule and we were able to get back on track.  If we hadn’t been monitoring daily progress on the project, we would have faced significant schedule and budget problems.

Changing the rules might not always be an option.  Sometimes you’ll have to live with an extended schedule and higher costs.  Knowing that sooner rather than later is always better.  If you can’t adjust the rules, you can at least adjust the expectations of those for whom you are doing the work.

Put a mechanism in place for monitoring status.  Look at production rates and throughput every day and see how the numbers compare to the assumptions you made when you created your schedule and budget.   A missed deadline or unexpected costs should never be a surprise that comes at the end of a project.

What do you think?  Have you missed deadlines and exceeded budgets?  Could it have been avoided?  Please share your comments or let us know if you would like more information on a topic.

eDiscovery Project Management: Review the Work

Yesterday, we talked about resolving questions quickly and keeping team members informed about changes to procedures to minimize the chance for significant rework.  However, even with the best staff, mistakes happen — especially on projects that require a team of people.  There are two general types of errors you can expect:

  • Errors that are made because someone doesn’t properly understand the task.  They have misunderstood the procedures or misinterpreted a subjective component of the work.
  • Errors that are made simply because it is inevitable.  People have bad days.  They get tired.  Knowing how to do something doesn’t mean you will do it right every time.

The first type of error is easy to identify and fix.  Check initial work quickly and give immediate feedback.  I always distribute small batches of initial work at the beginning of a task – work that an individual can finish quickly.  Then I have that first initial batch for each person checked thoroughly and right away.  Misinterpretations of the procedures or the criteria are evident and can be dealt with right away, before a lot of work has been done.

Catching the second type of error is a little more difficult unless your schedule and budget permit you to check 100% of the work.  With a good staff, that’s probably overkill.  But, it’s important that work is spot-checked throughout the life of a project, and that an intelligent approach is used to isolate problems.  For example, if you find a few careless errors made by a staff member, see if you can isolate all of the work that person did on that day and check it completely.  Or perhaps you’ll identify a particular type of document or situation that caused problems, and you can take steps to isolate just those documents or situations.  Very often you can apply a systematic approach to finding and fixing errors.

What do you think?  Have you worked on projects where quality control reviews were absent or inadequate and work quality suffered?  Please share your comments or let us know if you would like more information on a topic.

eDiscovery Project Management: Resolve Questions Quickly

 

Even with the best procedures and thorough training, people who are new to a task will likely have questions.   Nuances in a document collection and unexpected situations will surface that don’t fit into your rules.  It is very important that questions are resolved quickly.  Most document work is repetitive.  Many questions, therefore, will apply to more than one document.  If a question is not resolved quickly, there is a good chance that many documents will be affected, and you may face significant rework.   This is especially the case in projects that are being handled by a team of people – for example, a document review project.  So, handle exceptions and questions as they come up and expand and modify the rules to accommodate what you are finding in practice in the document collection.

Depending on the type of project you are managing, you may need to be prepared to answer two types of questions:

  • Questions about the mechanics of the task.  These types of questions are usually best handled by project managers and supervisors.
  • Questions about the substance of the task.  For example, in a document review project there are likely to be questions about the relevance of topics discussed in the documents.  These types of questions are usually best handled by an attorney who is familiar with the case and with the documents.

Make sure that you have the right people on hand to make decisions and answer questions.  If those people can’t be on the project site, make sure they are easily reached and readily available.

And, have a process in place for disseminating updated procedures and criteria to a team doing the work.  If one member of a team has a question, chances are other team members will encounter similar documents and have the same question.   You need to get information quickly into the hands of those doing the work.

What do you think?  Have you worked on projects that required rework because decision makers weren’t available?  Please share your comments or let us know if you’d like more information on a topic.