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rich hall and Brian Johnson Bridgeway software




Legal Enterprise Management:
A New Level of Control for
Corporate Legal Departments

A
                s legal and IT departments face the      IT groups with the relevant, contextual information
                continuing challenge of decreasing       that will enable them to make the business decisions
                risk, reducing costs and optimizing      necessary for reducing the risk for the corporations
                the outcomes of their legal processes,   they serve. Historically, e-discovery, matter
                what they need more than ever is a       management and legal spend management have all
new level of control over the legal enterprise. This     been separate, yet fundamental, parts of the legal
control will come through empowering the legal and       organization with separate islands of information.

34   Case/Matter Management   ILTA White Paper
When corporate legal departments bridge                model helps to mitigate some risk, it comes at
all their disparate in-house legal and corporate          the detriment of cost control and matter analysis,
governance information, they obtain the power             as a single processing pass of the data can take
to control in-house legal operations and achieve          weeks to complete. With this cost- and time-
a cohesive legal enterprise practice. This is legal       intensive model, in-house legal departments
enterprise management, which unifies previously           can’t predict the litigation costs associated with
siloed information from across the corporate legal        a given case. But by bringing the e-discovery
department with the purpose of allowing the in-house      process in house, many organizations have
legal department to leverage their corporate              realized cost and risk reductions and gained
information to work smarter, more efficiently and more    control over the process.
cost-effectively.                                            The ability of in-house counsel to iteratively
                                                          process information using progressive search
eleCTrOniC disCOvery: COnTrOlling                         terms in days rather than weeks offers a level of
yOur liTigATiOn sPend                                     control over the case that was impossible with
E-discovery is generally defined as the process           the outsourced model. In-house e-discovery
of identifying, preserving, collecting, processing,       brings an enormous cost benefit, as a company
reviewing, analyzing, producing and presenting            isn’t paying for multiple passes over a set of
electronically stored information for legal review. The   data. Additionally, there is more time to analyze
stages of e-discovery are depicted by the Electronic      the output of your e-discovery efforts, allowing
Discovery Reference Model (EDRM), which offers            for better litigation decisions and therefore
guidelines and standards for e-discovery consumers        reduced risk.
and providers. Recent efforts around e-discovery             While bringing the e-discovery process in
have focused on ways to expand electronic discovery       house offers tangible cost and risk benefits to
processes into cost savings and efficiency initiatives,   in-house legal groups, e-discovery software
including early case assessment.                          solutions focus primarily on litigation cost
   The current strategy of in-house management            management. But there are additional costs
of the e-discovery process is a critical step to legal    related to adjudicating a case that fall outside
enterprise management and gives corporate legal           the e-discovery processes, such as interaction
groups control over litigation costs while also           with outside counsel. This is typically the purview
reducing risk. The in-house e-discovery strategy was      of the legal spend management solution.
adopted in response to unpredictable (and some               However, by bridging e-discovery and legal
would say runaway) costs that occur when using            spend management information, in-house
a service provider in an outsourced, per-gigabyte         counsel gains access to all the costs associated
e-discovery model.                                        with a matter, rather than just the outside
   Consider the effects on just the processing phase      counsel spend or just the litigation spend. This
of the e-discovery process: While the outsourced          means that not only does in-house counsel now

                                                                          www.iltanet.org   Case/Matter Management   35
•	Enterprise Matter
                                                                                     •	Electronic Billing
       Management
                                                                                     •	Timekeeper Management
     •	Outside Counsel
       Collaboration Tools/
       Workspace                         Matter          Legal Spend                 •	Rule-based Auditing and
                                                                                       Approval Worklfows
     •	Document Management             Management        Management                  •	Budgets and Accurals
       Systems
                                                                                     •	Alternative Fee
     •	Metrics and Busines
                                                                                       Arrangements
       Intelligence




                                                                                     •	Legal Hold
     •	Entity and Subsidiary
       Management                                                                    •	Collection

     •	Advanced Org Charting                                                         •	Early Case Assesment
       and Reporting                      Corporate
                                                          E-Discovery                •	Process/Review/
     •	Board of Directors Book           Governance                                    Production
       Management/Portal
                                                                                     •	Project Management/
     •	SEC Filing Management                                                           Metrics/Business
                                                                                       Intelligence




have control over their litigation costs, but they can      With a legal spend management solution in place,
also make more informed decisions on the disposition     in-house legal departments can control the entire
of the case.                                             invoicing process (including electronic submission,
                                                         approval and payment), time-keeping functions and
legAl sPend MAnAgeMenT:                                  comparative analysis of budgeted versus actual costs.
COnTrOlling yOur OuTside                                 Rule-based auditing and approval workflows save
COunsel COsTs                                            an enormous amount of time by streamlining and
Legal spend management brings together the               simplifying their entire invoice process. Sophisticated
technology and best practices needed to coordinate all   reporting capabilities improve legal spend analysis,
of the resources, processes and procedures required to   helping to identify key cost drivers to provide greater
effectively manage spending on outside legal services.   control over expenses.
The specific elements of legal spend management             Legal enterprise management takes the
often include processing electronically submitted        information inherent to the legal spend management
invoices, managing budgets and evaluating, monitoring    solution and combines it with information from the
and measuring future legal spend.                        in-house e-discovery solution, bridging both pools of

36    Case/Matter Management     ILTA White Paper
a new level of control for corPoration legal dePartments

information. This is a powerful tool for controlling the      The matter management solution is
costs associated with e-discovery efforts.                 often viewed as the hub from which the
   For example, most legal spend management                operational control of the legal department
solutions have the ability to automate the rate of         is managed. With the right solution in place,
outside firms working on a litigated matter. Through       legal departments not only have the ability to
the integration of data, in-house counsel obtains          automate the workload of the legal group, but
the ability to automatically enforce rules governing       also manage operational costs.
e-discovery spend associated with that matter.                Matter management is an important tool in
   While this example focuses on the power for             achieving streamlined efficiency. However, the
controlling the costs associated with e-discovery          in-house legal department also gains immense
efforts, this automated cost control can, of course, be    control with the addition of historical and real-time
focused on controlling all of the outside counsel costs.   information gleaned from other legal enterprise
                                                           applications. This information aids in delivering
MATTer MAnAgeMenT: COnTrOlling                             context to the matter at hand. By connecting the
yOur OPerATiOnAl COsTs                                     information from the matter management solution
Corporate legal departments use matter                     with the e-discovery and legal spend management
management systems to manage and control all               solutions, corporate legal departments are
their legal matters on a day-to-day basis, including       developing a complete, integrated legal enterprise
opening and closing matters, daily matter work,            management environment that puts them in
workload assignment, management and forecasting,           control like never before.
outside counsel collaboration, and litigation metrics         For example, take a matter for which a
and performance measurement.                               corporate legal group is leveraging information
   In addition to the growing cost of litigation,          from across the legal enterprise. They can
corporate legal departments are faced with ever-           know exactly what their overall spend on a
increasing case loads made even more challenging           matter is to date in real time, and compare it
by resource constraints. To meet their growing legal       to similar matters that they have worked on in
matter management demands, general counsels rely           the past to understand, at a given point, if they
on matter management solutions that provide:               are at a higher rate or a lower expense basis.
                                                           Further, they can look at how far they are in the
•	 immediate access to detailed information on any         e-discovery process and mark how much more
 legal matter, past or present                             they need to analyze to be complete.
                                                              Using knowledge of the current internal
• better management of staff time and resources
 	                                                         expense paired with their outside counsel
                                                           expense, they can then predict how much more
• improved control over internal and external matter
 	                                                         the case is going to cost. With this complete
 management costs through business rule automation         picture, they can start making decisions on

                                                                            www.iltanet.org   Case/Matter Management   37
whether to settle or take the suit further. Perhaps they
     Top Five Benefits of Legal                            can negotiate an alternative fee arrangement with
     Enterprise Management:                                their primary outside firm to ensure they stay within
                                                           budget while still moving forward.
       • Connect the dots: Modular applications
        	                                                      This information — previously disparate — is now
          that each deliver high individual value can
                                                           consolidated in a way that it can be brought to bear
          work together to produce a leveraged effect,
                                                           on the case at hand, giving a new level of control for
          allowing you to base your decision-making
          on information from your entire enterprise.      in-house legal departments.


       • Control work: Shared information
        	                                                  legAl enTerPrise MAnAgeMenT: The
          and insights across your in-house legal
                                                           new level Of COnTrOl
          department create the connections that
                                                           As more general counsel see the real-time benefits
          drive more informed decisions.
                                                           of reducing costs while decreasing risks through the
       • Understand costs: By tying together
        	                                                  bridging of disparate information, they will continue
          your e-discovery, legal spend and matter         to expand their risk management and cost-saving
          management solutions, you have the
                                                           initiatives by reviewing contextual information in new
          ability to see the litigation costs, the
                                                           ways, leading them to effectively manage the outcomes
          operational costs and the outside counsel
          costs together both in real time and             of their legal processes.
          against historical data. This gives you              Legal enterprise management equips corporate
          unprecedented insight and control over           legal teams with integrated information that
          your legal spend.
                                                           incorporates historical and real-time litigation trends,
                                                           spend and e-discovery data as they execute their
       • Control costs: Once you can see your
        	
          costs, you have a basis for reducing them.       litigation strategies.
          By integrating e-discovery, legal spend and          While each of these solutions delivers high
          matter management, you have a unified            individual value, leveraging them in unison allows
          view that empowers you to manage it more
                                                           general counsels and their in-house teams to base
          effectively, with a clear view of costs across
                                                           decision-making on information from the entire
          the legal enterprise.
                                                           enterprise. General counsels will have a new level of
       • Collaborate more effectively: Exchange
        	                                                  performance that provides the power to effectively
          information and manage workflows among           control all aspects of their legal enterprise. ilTA
          both internal colleagues and external
          counsel with unsurpassed speed and
          ease. Transcend departmental boundaries                        Podcast: click here to listen as Andy Adkins,
                                                                         President of Adkins Consulting Group, talks with
          with processes that promote seamless
                                                                         Monica Bay, Editor of Law Technology News,
          collaboration. ilTA
                                                                         about case/matter management systems and a
                                                                         recent survey.



38   Case/Matter Management   ILTA White Paper

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Legal Enterprise Management

  • 1. rich hall and Brian Johnson Bridgeway software Legal Enterprise Management: A New Level of Control for Corporate Legal Departments A s legal and IT departments face the IT groups with the relevant, contextual information continuing challenge of decreasing that will enable them to make the business decisions risk, reducing costs and optimizing necessary for reducing the risk for the corporations the outcomes of their legal processes, they serve. Historically, e-discovery, matter what they need more than ever is a management and legal spend management have all new level of control over the legal enterprise. This been separate, yet fundamental, parts of the legal control will come through empowering the legal and organization with separate islands of information. 34 Case/Matter Management ILTA White Paper
  • 2. When corporate legal departments bridge model helps to mitigate some risk, it comes at all their disparate in-house legal and corporate the detriment of cost control and matter analysis, governance information, they obtain the power as a single processing pass of the data can take to control in-house legal operations and achieve weeks to complete. With this cost- and time- a cohesive legal enterprise practice. This is legal intensive model, in-house legal departments enterprise management, which unifies previously can’t predict the litigation costs associated with siloed information from across the corporate legal a given case. But by bringing the e-discovery department with the purpose of allowing the in-house process in house, many organizations have legal department to leverage their corporate realized cost and risk reductions and gained information to work smarter, more efficiently and more control over the process. cost-effectively. The ability of in-house counsel to iteratively process information using progressive search eleCTrOniC disCOvery: COnTrOlling terms in days rather than weeks offers a level of yOur liTigATiOn sPend control over the case that was impossible with E-discovery is generally defined as the process the outsourced model. In-house e-discovery of identifying, preserving, collecting, processing, brings an enormous cost benefit, as a company reviewing, analyzing, producing and presenting isn’t paying for multiple passes over a set of electronically stored information for legal review. The data. Additionally, there is more time to analyze stages of e-discovery are depicted by the Electronic the output of your e-discovery efforts, allowing Discovery Reference Model (EDRM), which offers for better litigation decisions and therefore guidelines and standards for e-discovery consumers reduced risk. and providers. Recent efforts around e-discovery While bringing the e-discovery process in have focused on ways to expand electronic discovery house offers tangible cost and risk benefits to processes into cost savings and efficiency initiatives, in-house legal groups, e-discovery software including early case assessment. solutions focus primarily on litigation cost The current strategy of in-house management management. But there are additional costs of the e-discovery process is a critical step to legal related to adjudicating a case that fall outside enterprise management and gives corporate legal the e-discovery processes, such as interaction groups control over litigation costs while also with outside counsel. This is typically the purview reducing risk. The in-house e-discovery strategy was of the legal spend management solution. adopted in response to unpredictable (and some However, by bridging e-discovery and legal would say runaway) costs that occur when using spend management information, in-house a service provider in an outsourced, per-gigabyte counsel gains access to all the costs associated e-discovery model. with a matter, rather than just the outside Consider the effects on just the processing phase counsel spend or just the litigation spend. This of the e-discovery process: While the outsourced means that not only does in-house counsel now www.iltanet.org Case/Matter Management 35
  • 3. • Enterprise Matter • Electronic Billing Management • Timekeeper Management • Outside Counsel Collaboration Tools/ Workspace Matter Legal Spend • Rule-based Auditing and Approval Worklfows • Document Management Management Management • Budgets and Accurals Systems • Alternative Fee • Metrics and Busines Arrangements Intelligence • Legal Hold • Entity and Subsidiary Management • Collection • Advanced Org Charting • Early Case Assesment and Reporting Corporate E-Discovery • Process/Review/ • Board of Directors Book Governance Production Management/Portal • Project Management/ • SEC Filing Management Metrics/Business Intelligence have control over their litigation costs, but they can With a legal spend management solution in place, also make more informed decisions on the disposition in-house legal departments can control the entire of the case. invoicing process (including electronic submission, approval and payment), time-keeping functions and legAl sPend MAnAgeMenT: comparative analysis of budgeted versus actual costs. COnTrOlling yOur OuTside Rule-based auditing and approval workflows save COunsel COsTs an enormous amount of time by streamlining and Legal spend management brings together the simplifying their entire invoice process. Sophisticated technology and best practices needed to coordinate all reporting capabilities improve legal spend analysis, of the resources, processes and procedures required to helping to identify key cost drivers to provide greater effectively manage spending on outside legal services. control over expenses. The specific elements of legal spend management Legal enterprise management takes the often include processing electronically submitted information inherent to the legal spend management invoices, managing budgets and evaluating, monitoring solution and combines it with information from the and measuring future legal spend. in-house e-discovery solution, bridging both pools of 36 Case/Matter Management ILTA White Paper
  • 4. a new level of control for corPoration legal dePartments information. This is a powerful tool for controlling the The matter management solution is costs associated with e-discovery efforts. often viewed as the hub from which the For example, most legal spend management operational control of the legal department solutions have the ability to automate the rate of is managed. With the right solution in place, outside firms working on a litigated matter. Through legal departments not only have the ability to the integration of data, in-house counsel obtains automate the workload of the legal group, but the ability to automatically enforce rules governing also manage operational costs. e-discovery spend associated with that matter. Matter management is an important tool in While this example focuses on the power for achieving streamlined efficiency. However, the controlling the costs associated with e-discovery in-house legal department also gains immense efforts, this automated cost control can, of course, be control with the addition of historical and real-time focused on controlling all of the outside counsel costs. information gleaned from other legal enterprise applications. This information aids in delivering MATTer MAnAgeMenT: COnTrOlling context to the matter at hand. By connecting the yOur OPerATiOnAl COsTs information from the matter management solution Corporate legal departments use matter with the e-discovery and legal spend management management systems to manage and control all solutions, corporate legal departments are their legal matters on a day-to-day basis, including developing a complete, integrated legal enterprise opening and closing matters, daily matter work, management environment that puts them in workload assignment, management and forecasting, control like never before. outside counsel collaboration, and litigation metrics For example, take a matter for which a and performance measurement. corporate legal group is leveraging information In addition to the growing cost of litigation, from across the legal enterprise. They can corporate legal departments are faced with ever- know exactly what their overall spend on a increasing case loads made even more challenging matter is to date in real time, and compare it by resource constraints. To meet their growing legal to similar matters that they have worked on in matter management demands, general counsels rely the past to understand, at a given point, if they on matter management solutions that provide: are at a higher rate or a lower expense basis. Further, they can look at how far they are in the • immediate access to detailed information on any e-discovery process and mark how much more legal matter, past or present they need to analyze to be complete. Using knowledge of the current internal • better management of staff time and resources expense paired with their outside counsel expense, they can then predict how much more • improved control over internal and external matter the case is going to cost. With this complete management costs through business rule automation picture, they can start making decisions on www.iltanet.org Case/Matter Management 37
  • 5. whether to settle or take the suit further. Perhaps they Top Five Benefits of Legal can negotiate an alternative fee arrangement with Enterprise Management: their primary outside firm to ensure they stay within budget while still moving forward. • Connect the dots: Modular applications This information — previously disparate — is now that each deliver high individual value can consolidated in a way that it can be brought to bear work together to produce a leveraged effect, on the case at hand, giving a new level of control for allowing you to base your decision-making on information from your entire enterprise. in-house legal departments. • Control work: Shared information legAl enTerPrise MAnAgeMenT: The and insights across your in-house legal new level Of COnTrOl department create the connections that As more general counsel see the real-time benefits drive more informed decisions. of reducing costs while decreasing risks through the • Understand costs: By tying together bridging of disparate information, they will continue your e-discovery, legal spend and matter to expand their risk management and cost-saving management solutions, you have the initiatives by reviewing contextual information in new ability to see the litigation costs, the ways, leading them to effectively manage the outcomes operational costs and the outside counsel costs together both in real time and of their legal processes. against historical data. This gives you Legal enterprise management equips corporate unprecedented insight and control over legal teams with integrated information that your legal spend. incorporates historical and real-time litigation trends, spend and e-discovery data as they execute their • Control costs: Once you can see your costs, you have a basis for reducing them. litigation strategies. By integrating e-discovery, legal spend and While each of these solutions delivers high matter management, you have a unified individual value, leveraging them in unison allows view that empowers you to manage it more general counsels and their in-house teams to base effectively, with a clear view of costs across decision-making on information from the entire the legal enterprise. enterprise. General counsels will have a new level of • Collaborate more effectively: Exchange performance that provides the power to effectively information and manage workflows among control all aspects of their legal enterprise. ilTA both internal colleagues and external counsel with unsurpassed speed and ease. Transcend departmental boundaries Podcast: click here to listen as Andy Adkins, President of Adkins Consulting Group, talks with with processes that promote seamless Monica Bay, Editor of Law Technology News, collaboration. ilTA about case/matter management systems and a recent survey. 38 Case/Matter Management ILTA White Paper