Popular Posts: Jan. 1 to June 30, 2010

July is the perfect time to reflect on the first half of the year. Things have been so busy here that we haven't had as much time to post as we'd like, but one of our second-half goals is to contribute more to Lawdable.

In the meantime, here are the five most viewed Lawdable posts to January to July 2010, in descending order:

#5: Legal Project Management: Fad or Focus? (Barry Willms, April 7)
More discussion on LPM, which points to some recent successes and the necessity for the project manager to have authority and follow several key guideline. This follows other popular posts on LPM from Richard Stout (January, see #3), Dennis McKinnie (June 2009) and Candice Reed (June 2009), among other LPM musings.

#4: E-Discovery Tools: Evaluate, Collaborate and 'Lawyer the Problem' (Barry Willms, May 21)
One of the summaries of a Discovery Symposium 2.0 panel session with Barry, co-author of Lawdable Richard Stout, and Edward Efkeman from FedEx. A synopsis of the process and decisions in-house departments factor regarding technology tools and how they fit with their respective teams and culture.

#3: The Spotlight Shines on Project Management (Richard Stout, Jan. 21)
This post was part of a multi-blog dialogue about whether PMs should be lawyers or non-lawyers as LPM truly cemented itself in the vernacular of the legal profession at the beginning of the year. Richard even suggested that LPM could provide an alternate path to partnership in law firms in the future. There were many great observations on the 3 Geeks and Hildebrandt blogs and plenty of back-and-forth on Twitter.

#2: Q&A With Attorney Chris Cotton: Haiti Update (Jan. 18)
Chris is a real leader within our E-Discovery Division and a trusted tactician and voice on our teams. He has also spent significant time in Haiti, helping build and launch an orphanage through the Hands and Feet Project before he came to Counsel On Call. He was in regular contact with several people on the ground after the earthquake, spoke to the media, coordinated with Tennessee's congressional delegation, and took a few minutes to speak with us about the situation in Jacmel.

#1: Alternative Fee Arrangements Gain Traction (Candice Reed, Feb. 3)
Talk of AFAs was deafening in the early part of the year and has only slightly quieted down in recent weeks, so it's no suprise a post on the subject drew plenty of interest. We also heard a lot about it at Discovery Symposium 2.0 and have written often about the subject on Lawdable. We're confident it will continue to be of interest for the foreseeable future.

 

 

Live from DS1.0 ...

Greetings from the packed Discovery Symposium!

If you're not follwoing Dennis McKinnie on Twitter, you can do so here: www.twitter.com/dmac1957. Dennis will tweet periodically from our meeting site and is leading a panel shortly.

I will continue to update this post today and tomorrow as interesting tidbits arise, so please check back and refresh your screen.

1:15pm CST
Our keynote speaker at lunch was Cheryl Mason, VP of litigation at HCA, who is incredibly knowledgeable about the litigation process and its role at HCA. She detailed how HCA's approach -- when they started to really create solutions regarding e-discovery several years ago -- was to create a defensible process, not necessarily a perfect process. And even if HCA's process isn't perfect, it is kept in the perspective of what is best for the company -- and where e-discovery fits into its priorities. Her level of knowledge and her calm deameanor are 'points of light,' as COC President Jane Allen says.

We're getting into the Retention/Holds & Preservation/Collection panel now with attorneys from FedEx, Equifax and Hilton Hotels. More updates soon.

4:15pm CST
We just finished the 'Software Decisions' panel, which I was very pleased to be a part of. Leading/directing the dialogue were Edward Efkeman (FedEx Express) and Mike Lisi (Fidelity), who have both been tasked with handling vendor relationships with all types of software companies. What was most striking -- and probably most encouraging for our guests, many of whom are at different stages of their software selection processes -- was that both FedEx and Fidelity were able to demonstrate a high level of value to their companies in going thru the processes. They clearly knew a lot about dozens of vendors, their capabilities, and how they could help their respective companies. They each spoke about the value of the IT department and good project managers -- and not letting information beyond their firewall. 

There were probably 25 questions from the audience, so this is obviously a hot topic. We'll have to post a more thorough recap next week.

The 'Working With My Law Firms' panel is off and running, then it's off to the Country Music Hall of Fame for what promises to be a great songwriter's night. More to come. 

Discovery Symposium 1.0 Promises To Share Best Practices

Next week, we will have the pleasure of welcoming 35 senior in-house litigation managers, representing 25 companies, to our home base in Nashville for the inaugural Counsel On Call Discovery Symposium 1.0. It’s very exciting for us, as it provides the opportunity to get several of our clients in a room together and talk about best practices in discovery and litigation support.

We tried to limit the event to about 30 attorneys to foster a healthy environment for exchanging experiences, and we’re pleased that the demand has been so high. It's a great program – discussing all areas of discovery – that is completely led by the attorneys who are in the trenches and dealing with these challenges on a daily (hourly) basis. We’re proud to be by their side, but in this instance we’re merely facilitators and believe that’s going to help generate the best possible dialogue among some of the brightest minds in the in-house profession.

Here are a few of the session titles:

  • “Good Policies for Retention and Holds; Standards of Care in Preservation and Collection”
  • “De-dupe, Near Dupe and Being Duped: Software Decisions Good and Bad”
  • “Working With My Law Firm: The New Dynamics”
  • “Creating Your Own Discovery Team”
  • “Budgeting for E-discovery: Not a Pipe Dream”

We will likely produce a recap that shares some of the best practices discussed during the event, and if you’re an in-house attorney interested in reading it, please send us an e-mail and we will add you to the distribution list. Also, based on the response this year, we are considering opening up the event to non-clients in 2010 (event will be in Atlanta or Boston), so please indicate if you would like to receive information when it becomes available.

And if you like Twitter, we’d recommend following Dennis McKinnie, formerly a general counsel of two publicly traded companies, formerly with PoGo’s IP litigation group, and a past Staff Counsel to the Supreme Court of the United States … he’s been the Executive Director of our Atlanta office the last four years, and he just got his Twitter account up and running and will tweet during the program. Dennis is well-known for his txt/Blackberry skills, so we’re going to put him to the test.

Richard Stout will also post on this blog from the event, so don’t forget to check back May 13-14. Subscribing to the blog (on the right side of this page) is the easiest way to make sure you don’t miss an expanded update.


 

Is That Thunder In The Distance?

There’s an interesting phenomenon happening in the litigation arena right now: nothing.

Well, that’s not entirely true. There is plenty going on, of course, but the sour economy has put a different spin on how litigation is being managed. Cases are not marching in lock-step with a normal timeline. For instance, some companies are putting everything related to a piece of litigation on hold until they are required by time, or the case itself, to act. And action this time around is preceded (in most instances) by a lot of anxious planning and budgeting.

Now this isn’t anything new – many companies have longstanding policies not to act on litigation until forced to do so. It’s often a cash-flow-versus-workflow approach. However, I am seeing a palpable sense of hesitancy with regard to litigation and case management. Companies are taking an ‘I’ll believe it when I see it’ stance, whether it’s regarding the various stimulus measures and burgeoning economic turnaround, or the stability of a company and their department's budget, or any number of other things. That attitude is impacting case management. These companies know that eventually they are going to have more work (i.e. revenue), but they simply do not want to spend the money now, when times are tight, addressing litigation matters unless they have to.

All is not dour under this approach. One great side effect is that companies are taking this time to create, refine or institute their approach to e-discovery for when the storm finally does come. If their ducks aren’t already in a row, they are briskly walking toward the line.

We’ve participated in dozens of planning or strategy meetings that are seeking to solve the bigger issues: how to create repeatable discovery processes, how to budget discovery costs, the software tools to use, the action items surrounding a litigation hold, the data collection and management process, analyzing the benefits of early case assessment tools, and creating processes that facilitate collaboration with outside counsel and all their legal vendors, among many, many other issues.

All of this is ultimately focused on cost and efficiency, of course. And it’s never too early to make that a priority – or in some cases, it’s not too late.
 

Podcast: What Works In E-Discovery, Cost Savings

The second podcast with LegalTalk Network's In-House Legal show is now up.

Richard Stout, director of our Litigation Support Division, and Dennis McKinnie, executive director of our Atlanta office, discuss all things e-discovery: Why the review rate is important, early case assessment tools, what e-discovery savings should really look like, the importance of outside counsel, and why every in-house department should have a discovery process it controls, among other things.

The 13-minute interview begins around the 13:45 mark. The podcast is also available on iTunes for free download.

We hope you'll check it out and let us know what you think.