legal project management: getting to insight, productivity and results

Legal project management

A white pAper from Kelly® legAl mAnAged ServiceS

gAry m. BucKlAnd And Jeffrey Schultz

GettinG insiGht, productivity and results

/02

Second, have the necessary means to achieve your ends – wisdom, money, materials and methods.

First, have a definite, clear, practical ideal – a goal, an objective.

Third, adjust all your means to that end.AriStotle

Facts and events are at the heart of every legal case, and in this day and age – especially on the enterprise level – managing these details is most definitely a science. Yet there is an art to successful legal project management, too.

This includes balancing legal obligations and requirements with business strategy,

process standards and objectives with deadlines, the responsibilities of inside

counsel with the decisions of outside counsel, and defining value while managing

the exploding volume of data. The legal minds must be able to focus on legal

strategy and execution as they always have. But weaving the intricate threads of

discovery and documentation remains a priority, too. Legal project management is no

straightforward, simplistic, purely administrative task. And it has become a strategic

endeavor not just in litigation but in corporate management, too.

Fifty years ago, the large corporate law firms that traditionally specialized in litigation

served clients well through a combination of expertise and brawn. They used their

cases as a training ground for newly-minted attorneys who often learned their craft

by gathering and documenting the facts of a case – and helping clients navigate the

requirements for transparency.

Adjust All your meAns to thAt end /03

Legal project management is no straightforward, simplistic, purely administrative task.

As litigation became more complex and lengthy, and firms tried to manage data by

assigning more legal professionals to the task, internal and external costs skyrocketed.

Then in the 1990s, new data management technologies emerged. Since then, using a

mix of legal and technological muscle, deriving information out of accumulating case

data remains a mammoth undertaking.

Often with the support or endorsement of legal advisors, the shift in focus to

technology has opened the door to all manner of service providers. There have been

huge investments in technology “solutions” that promise to turn legal information into

a foundation for litigation. Yet these product investments have still required too many

ancillary services. Outside counsel often must invest significant time in running projects

and corralling bytes of information.

Besides the cost and the red tape, the trend to outsource legal project management to

technology specialists became problematic for two other reasons.

First, any legal project is more than document organization or data capture. Legal

projects involve achieving a foolproof data gathering process and real-time evaluation

of priorities against the overall project objective. Every legal project must be executed

in the context of enterprise business strategies and corporate responsibility.

/04Adjust All your meAns to thAt end

Using a mix of legal and technological muscle, deriving information out of accumulating case data remains a mammoth undertaking.

Second, defining legal project management as a pure technology play puts a lot of

pressure on the technology. Legal projects require the involvement of attorneys at the

right moment. The best use of technology harnesses the well-chosen talents brought

into a project and leverages experts skilled in managing people and processes. When

it’s designed and deployed by such experts, the appropriate technology package

accomplishes its purpose – organizing legal documentation for cataloging and

searches – without distracting from legal strategy or compromising deadlines.

With today’s pressure to reduce the cost of litigation while illuminating crucial

information, the capture and organization of facts and events require more than legal

knowledge or complex technology. They require the skill to assemble knowledge in

real time and the capacity to keep teams on the right path.

/05Adjust All your meAns to thAt end

When it’s designed and deployed by such experts, the appropriate technology package accomplishes its purpose.

To outsource today’s legal projects well, it is important to honor management experience, employ professional standards and forget about simplistic packaged solutions.

The moment has arrived for the strong, collaborative participation of project

management specialists who can complete the team of legal and administrative

professionals required for effective legal project management – most especially by

putting technology to the service of well-articulated and tightly managed processes.

And with the presence of legal project management strategists who know how to move

technology to the right corners of every assignment, put people to the appropriate

tasks and manage risk, legal projects can finally be handled effectively, in a way that

does not distract inside counsel from their portfolio of responsibilities and that protects

outside counsel from incurring unbridled cost.

/06

The three things to know First, managing legal projects is

only getting more complex. But

it’s not impossible.

Second, use established

standards to manage legal

projects. It keeps things level.

Third, you need technology that

extends the reach of project

managers experienced in

eDiscovery – technology that

serves the team. Not the other

way around.

Adjust All your meAns to thAt end

/07

Managing legal projects is only getting more complex.

But it’s not impossible.

The legal discovery process requires transparency. No party involved in litigation is legally permitted to withhold information or evidence from another party. Evidence includes documents, depositions, petitions, motions, interrogatories, that is, any effort undertaken to provide data to the court. The more intricate the details, the more judgment is required.

Besides being a significant time drain, putting law firms to the task of managing data and

data capture technology is no longer the best use of their resources. Within corporations,

inside counsel is needed for more strategic consultation. As inside counsel has found

ways to work with outside counsel to outsource the execution of projects, companies

have become comfortable with the practice of pulling in external resources to staff legal

projects. However, no one is comfortable with the technology misfires that occur as a

result of an overemphasis on data processing and the underuse of project management.

The fact that more than seventy percent of eDiscovery litigation costs still are incurred in

the review stage means that random technology has not been the answer. Yet the large

law firms cannot tap today’s burgeoning legal talent pool because their infrastructures

/08it’s not impossible

Seventy percent of eDiscovery litigation costs are still incurred in the review stage.

70%

can no longer support their cost. The workaround of implementing and even white-

labeling technology for legal projects does not work either. eDiscovery solutions

alone cannot soothe concerns about data security, frustrations with project visibility,

inconsistent reporting and communication, gaps in quality control or indefensible

documentation.

The review stage is where to take a first look at complexity and to initiate eDiscovery

process efficiencies while establishing manageable segments.

First, to bring document review under control, experienced, skilled project managers

are essential. They can create a process structure that is visible, on demand, to all

stakeholders – outside counsel, inside counsel, staff and company executives. Project

managers guard productivity levels as well as quality, which is critical to project

timeliness and cost management.

Second, to scale the project in real time – which is often at a moment’s notice – have

access to a resource that can acquire experts and specialists apace with the escalation

/09it’s not impossible

To bring document review under control, experienced, skilled project managers are essential.

of the case. There need not be any sacrifice in the agility required to shift gears to

another discovery task or area. It is also essential to make sure that these experts and

specialists have already been vetted for all aspects of legal project management, so

the only immersion they require is in the specifics of the case and the client.

Third, to sustain a focus on the outcome from the earliest possible stage, knowledge

of cutting-edge best practices is an advantage. Besides supporting the ability to pivot

into emerging areas of discovery, this strengthens the probability of a defensible

documentation and a complete audit trail.

/10

Success factors in reducing complexity

Innovative technology

managed by established

project experts with

experience in the

legal domain

Excellent outside counsel

enabled to focus on legal

strategy and content

Scalable, flexible processes

that can pivot to solve

problems or penetrate

new areas

An undeterred focus

on delivery

A clear sense of who the

stakeholders are and what

they need

it’s not impossible

/11

Use established standards to manage legal projects.

It keeps things level.

Any project is a construct for accomplishing and managing business activities. A project is temporary and finite, bringing together key talent to reach specific business objectives and serve specific customers or users. So the objectives must be clear, understood and in front of the team at all times. With varied activities and products, multiple deadlines and delivery expectations, projects must be fluid, too.

Regardless of size and complexity, every project is measured for success under three

main criteria. Known as the triple constraints, these criteria – quality, time and budget

– also provide the foundation for everyone’s activities. The Quality Constraint defines

the expected standard for the project’s outcome. The Time Constraint addresses the

project’s schedule and milestones. The Budget Constraint outlines the price of the

project and its costs.

A legal document review is, essentially, a project. With skilled project managers at the

helm – who know when and how to imbed best practices into any project and integrate

it with legal counsel’s strategy and direction – a law firm or corporation can achieve a

successful outcome without taxing resources or budgets.

/12keep things level

Known as the triple constraints, these criteria – quality, time and budget – also provide the foundation for everyone’s activities.

The Project Management Institute (PMI) provides guidance for project management

in the Project Management Body of Knowledge (PMBOK). The PMBOK articulates the

phases of a project – Scope, Plan, Execute and Monitor, Close-out – as the Project

Management Life Cycle.

The Electronic Discovery Reference Model (EDRM) proposes similar constructs for the

phases of legal projects. (See figure 1)

1. Scoping: During Scoping, a project charter captures and refines the project’s

objectives and expectations. It is based upon the project proposal and business

case analysis. A project manager is selected and assigned. At the end of Scoping, a

Statement of Work (SOW) documents any commercial services to be produced by

the project.

2. planning: During Planning, stakeholders define the desired outcome of the project,

team members’ roles and responsibilities, schedules, resources, scope and costs.

The result is a project management plan – the document that articulates how

the project will be executed, monitored and controlled, and closed. The project

management plan is the project’s baseline.

/13

1. Scope 2. plan 3. execute & monitor

4. close-out

keep things level

The result is a project management plan – the document that articulates how the project will be executed, monitored and controlled, and closed.

Project Management Life Cycle

/14

figure 1

communicAtion

quAlity control

reporting/metrics

client/corporAtion vendorlAw firm

Scope Plan

Change Management

Execute and Manage Close-out

Identification Preservation

Collection

Processing

Review

Analysis

Production PresentationInformation Management

3. executing and monitoring: During Executing and Monitoring, the project manager

leads the implementation. As the project team performs, the project manager

uses the plan to monitor, communicate and measure quality. It’s in this phase that

approvals and signoffs on products occur.

4. closing: During Closing, the team presents the deliverables and confirms the

client’s consent to close the project. The project manager produces formal project

closure documentation and reports. Also, the team reviews the project’s results

to identify lessons and document them. Any aspects of the project that require a

transition are articulated and submitted in a report to the client.

The EDRM Project Management Framework (EPMF) articulates a typical eDiscovery

project management team structure across the three main stakeholder entities: the

client corporation, the outside law firm, and the vendor or group of vendors. There are

exceptions, but the framework serves those situations as well. (See figure 2)


As the project team performs, the project manager uses the plan to monitor, communicate and measure quality.

EDRM Project Management Team Model

/16

figure 2

lAw firm

Legal Team

Lit Support Team

Law Firm Project

Manager

vendor

Operations Team

External Providers

Vendor Project

Manager

corporAtion IT TeamLegal Team

Corporation Project

Manager

integrAted proJect

mAnAgement teAm

Each entity has a team member who has project management responsibilities. While

this may not be an official title, it does carry functional responsibility. Within the law

firm, the project management role is usually played by a litigation support manager,

paralegal or attorney. Within the corporation, someone from the legal team or

information technology takes on the role.

Project managers, from each entity, have two sets of responsibilities: to lead that

entity’s portion of the project and to coordinate activities with the other entities.

These roles are fundamental to the EPMF approach. And while the framework does

not specify any formal organizational structure among the project entities, it does call

for an Integrated Project Management Team. The entities may choose to be more

formal, but the purpose of the team is to foster a business relationship that promotes a

healthy, open dynamic for the project.

A collaborative environment that fosters open communications is a key to every

project’s success. Common goals, realistic plans, risk parameters, transparency, timely

information and change protocols are the hallmarks of collaboration. The EPMF Project

Management Process Model includes guidelines for building each project’s approach

to collaboration and coordination.


Common goals, realistic plans, risk parameters, transparency, timely information and change protocols are the hallmarks of collaboration.

It helps to identify and confirm which entity is playing the role of the customer, service

provider and consumer. In the typical eDiscovery project, the customer is usually the

corporation, the service provider is the vendor and the consumer is the law firm. But it’s

not always that simple or straightforward. For example, the corporation’s information

technology team may be providing the service of identifying data sources relevant

to a matter. In this case, the law firm defines for the client’s IT group the scope and

constraints of their activities, and IT delivers the status reports. So identifying the

roles of customer, service provider and consumer helps to clarify the responsibilities

articulated in the Process Model.

The PMBOK fifth edition describes ten core knowledge areas in a typical project

management life cycle. Mastery of the knowledge areas is difficult but at least one

person – the project manager – must possess it.

1. integration management. Coordination of all activities and processes.

2. Scope management. Processes that define and address all the work required

to complete the project successfully.


In the typical eDiscovery project, the customer is usually the corporation, the service provider is the vendor and the consumer is the law firm.

3. time management. Managing sequencing and completion of the

project tasks.

4. cost management. Planning, estimating, budgeting, funding, managing and

controlling costs so that the project can be completed within the

approved budget.

5. Quality management. Implementation of iterative and continuous processes

and activities that achieve quality objectives.

6. human resource management. Processes to recruit, vet, organize, manage and

lead the project team.

7. communications management. Appropriate planning, collection, distribution,

management, control, monitoring and ultimate disposition of project information.

8. risk management. Conducting risk management planning, identification, analysis,

response planning, and monitoring and control on a project.


9. procurement management. Processes necessary to engage, purchase or acquire

products or services needed from outside the project team.

10. Stakeholder management. Processes and strategies for effectively engaging

stakeholders in project communications, decisions and execution.

These ten knowledge areas populate the four project phases, so it’s up to the team

– across all entities – to harness the resulting information practically, using a task

orientation timed to each phase’s schedule. Left unharnessed, it’s just data – much like

the legal documentation would be without the efforts of the team to manage it.


Left unharnessed, it’s just data – much like the legal documentation would be without the efforts of the team to manage it.

/21

knowledge areas initiating process group planning process group executing process group monitoring & controlling process group closing process group

project integration management Develop project charter Develop project

Management plan

Direct and manage work Monitoring & controlling project work

Perform integrated change control

Close project or phase

project scope management Plan scope management

Collect requirement

Define scope

Create WBS

Validate scope

Control scope

project time management Plan schedule management

Define activities

Sequence activities

Estimate activity resources

Estimate activity durations

Develop schedule

Control schedule

project cost management Plan cost management

Estimate cost

Determine budget

Control costs

project quality management Plan quality management Perform quality assurance Perform quality control

project human resources management

Plan human resource management Acquire project team

Develop project team

Manage project team

project communication management

Plan communications management Manage communications Control communications

project risk management Plan risk management

Identify risks

Performance qualitative

Risk analysis

Perform quantitative risk

Analysis

Plan risk analysis

Control risks

project procurement management Plan procurements management Conduct procurements Control procurements Close procurements

project stakeholder management Identify stakeholders Plan stakeholder management Manage stakeholder engagement Control stakeholder engagement

Process Groups

In 1984, the PMI launched a credentials process for the Project Management

Professional (PMP). It has since become the professional standard for project managers.

More than 500,000 people now hold PMP certification.

eDiscovery project management is a new, evolving specialty and does not yet have its

own professional, industry-recognized certifications. There are, however, eDiscovery

project management training programs and organizations that issue project manager

credentials. There is a debate within the legal profession and among service providers

about the propriety of such certifications. It is, afterall, legal counsel’s duty to clients to

maintain oversight and guide the eDiscovery project, so a project manager role raises

questions about limitations on scope and authority. Notwithstanding, a defensible,

documented work product is essential to meeting the unique objectives of every legal

project and this must be at the core of a legal project manager’s responsibilities.

/22

Success factors in managing legal projects

Clear, frequent, comprehensive

communication

Alignment of the three

stakeholding teams and

their people

A comprehensive plan that

spans the entire project while

linking each team’s plan

A flexible attitude toward

handling emerging issues

and changes in course

Dedicated quality control

and risk management

keep things level

/23

You need technology that extends the reach of project managers experienced in eDiscovery – technology that serves the team.

Not the other way around.

The natural business response in the Information Age, just as it was in the Industrial Age, is to look to technology to reduce and manage the costs previously associated with the human resource.

This is especially tempting in the legal arena, so for twenty years companies have used

what they hoped were mechanized versions of legal knowledge, data capture and

document organization to replace large groups of lawyers and paralegals. In many

situations, not only were cost savings negligible, the eDiscovery process, from scoping

to post-project documentation, wasn’t scaling properly.

In the meantime, personal mobile devices and cloud storage have expanded the

universe of data and its locations. There are new efficiencies in managing both the

flow of information and the documentation associated with the post-discovery legal

process itself. Four structural components – web- or cloud-based systems, real-time

accessibility, expanding storage and design flexibility – are re-shaping the business

information landscape. For legal project management, the resulting repositories

of data, the ability to search them and the capacity for reporting truly enable a

comprehensive command of the legal facts and their analysis.

/24technology thAt serves the teAm

Personal mobile devices and cloud storage have expanded the universe of data and its locations.

Law schools are still producing lawyers at a fast clip, but the changes in law firms –

some of them propelled by technology’s proliferation – are inspiring interest in the

behind-the-scenes mechanics of litigation and legal technology. More lawyers are

ready to explore new ideas for how to spend their legal careers. At the same time,

with the sting of a less than exemplary off-the-shelf software experience behind them,

companies and their outside counsel are acknowledging the need for management

of a different kind over large-scale cases that involve gigantic volumes of data to be

processed through eDiscovery.

All this has taken legal and information management careers outside of the law firm

and the server farm to companies that specialize in making talent and technology

available on a project basis. Outsourcing enables law firms to avoid hiring for peak

situations and companies to avoid spending at peak rates. And outsourcing affords

access to appropriate skills that are free from obligations to or connections with

software packages that may be the wrong size or direction for a given project.

The key is to source providers who can integrate skill-sets and appropriate

technologies around the always-unique requirements of any given legal project – then

provide project management skills that integrate the efforts and products of the law


Outsourcing enables law firms to avoid hiring for peak situations and companies to avoid spending at peak rates.

firms, inside counsel and companies’ teams prudently. It is important to have legal

backgrounds on the project management side of this equation; it’s equally important

to have access to professionals who know their way around massive amounts of data,

information systems, business strategies and teams of varied professional orientations.

Legal project managers know how to address the concerns, the frustrations and gaps

that emerge in every litigation – to manage the discovery process with the most

respected national and international guidelines.

For scoping and planning, the project management source must have a formula or

methodology for project planning and for production of key segments of information,

from review protocols to project manuals.

For staffing, the project management source must be able to define the qualifications

required for the project at hand and demonstrate how it recruits, tests and selects

staff – from reference and background checks to any specialized training required

for the project.

For execution, the project management source must be able to advise inside and

outside counsel on the project design and workflow – and collaborate with the

technology platform supplier to build case-specific elements.


Legal project managers know how to address the concerns, the frustrations and gaps that emerge in every litigation.

For quality, the project management source must demonstrate the capacity to track

performance throughout the project and validate results using a variety of metrics

and techniques.

For communication, the project management source must use a logging system

to calibrate project event reports and daily results with the strategic goals, project

milestones and inevitable disruptions. Reports must be rich with data points that assure

the data collection process.

At the close of a legal project, the entire team – counsel, companies, managers – must

be able to point to the case materials with confidence in the metrics and processes

used in eDiscovery, not just the results produced through the project’s life cycle.

When companies and their law firms decide to outsource legal project management,

they need project managers who can make the best use of lawyers’ time and even

transform the way lawyers work. These managers exist. They understand the causes


When companies and their law firms decide to outsource legal project management, they need project managers who can make the best use of lawyers’ time.

of inefficiency and can drive productivity and quality. They are experienced in project

management. They know eDiscovery. They will employ the best technology resources

and project management methodologies to service the project, the clients and the

team – removing past constraints and limits from legal projects and teams, enabling a

secure, sound and optimal result.

/28

Success factors in leveraging the right project technology

A professional resource

that specializes in staffing

legal professionals

Review facilities scaled to

fit every project for the term

of the project

A staffing methodology that

includes executive, team and

reporting practices

An online project management

portal featuring dashboards

with advanced metrics

Geographic reach of the

highest quality and scale

technology thAt serves the teAm

/29

About Kelly® Legal Managed Services

Kelly is the one source for clients who seek people with process expertise in

legal issues and workforce management. Kelly focuses on seamless integration

and strategic collaboration. Kelly applies its decades of experience in the legal

industry, in sourcing high-caliber professionals, and in finding innovative solutions

to the requirements established by lawyers and executives. Besides identifying and

addressing each client and team member’s point of pain, Kelly experts apply their

knowledge of safety, quality, compensation, recruiting, retention and technology

to each aspect of every project. Kelly considers a key measure of its project

management philosophy to be measured in the stability of client operations and best-

in-class performance. Kelly strives to increase efficiency and reduce costs for every

client. Working within guidelines of established project management principles, Kelly

people are equipped to emphasize what is important every day and in the context

of every client business strategy. Kelly upholds the integrity of its performance and

that of its client by enabling clients to retain control and direction. The purpose is the

delivery of a documented, memorialized and defensible work product that fulfills the

legal and business strategies of the Kelly client.

ABout the AuthorS

gAry m. bucklAnd is vice president and practice lead global managed solutions with

kellyocg®. he oversees sales, operations and the strategic direction of kelly legal managed

services, which specializes in legal outsourcing, ediscovery solutions, managed document

review and workforce solutions for top law firms and corporate legal departments. he holds

a bachelor of science degree in business management and marketing from old dominion

university in norfolk, virginia.

jeffrey schultz, national legal project management, is responsible for the operations

and management of attorney document review projects undertaken by kelly legal managed

services (klms). he supervises the execution of cost-effective and efficient projects, which

deliver defensible, documented and memorialized work-product. throughout his career, he

has lead many large-scale document review projects and trained project managers, team

leaders and reviewers on the essential ediscovery procedures for generating timely and effective

deliverables to law firms and corporate clients.

eXit

ABout Kellyocg

KellyOCG® is the Outsourcing and Consulting Group of workforce solutions provider Kelly Services, Inc. KellyOCG is a

global leader in innovative talent management solutions in the areas of Recruitment Process Outsourcing (RPO), Business

Process Outsourcing (BPO), Contingent Workforce Outsourcing (CWO), including Independent Contractor Solutions,

Human Resources Consulting, Career Transition and Executive Coaching, and Executive Search.

KellyOCG was named in the International Association of Outsourcing Professionals® 2014 Global

Outsourcing 100® list, an annual ranking of the world’s best outsourcing service providers and advisors.

Further information about KellyOCG may be found at kellyocg.com.

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