Corporations have become increasingly savvy and innovative with their technological and legal needs when it comes to eDiscovery. It is quite common to see entire in-house legal teams deployed to oversee the requisition and execution of eDiscovery services. Many corporations have developed innovative partnerships with their preferred eDiscovery providers, working together to create eDiscovery programs that drive value and efficiency at the enterprise level.
Helping a sophisticated corporate team develop innovative solutions requires a different set of skills for a project management team than when supporting outside counsel. It requires individuals who understand the unique goals and challenges of the business and can bring in the right set of solutions that will accomplish larger company priorities and needs.
So, what innovative traits should in-house teams look for in enterprise-level eDiscovery project managers?
- An enterprise mindset
- Cost-conscious with an eye towards ROI
- Ability to wear multiple hats
1. An enterprise mindset
Supporting a corporate client has its own unique set of challenges and opportunities. Inherent in the enterprise-level eDiscovery partnership is an understanding that any one matter is a mere part of the larger engagement. Decisions can never be made in a vacuum. Instead, an innovative eDiscovery project manager understands that any single decision point might “have legs” and result in potentially unintended consequences on other matters. For example, the disclosure of specific precision and recall rates on a single continuous active learning (CAL) cutoff in one matter could inadvertently result in mandated reporting of the same decision points in other related matters.
Conversely, an eDiscovery project manager with an innovative mindset will be able to spot when a decision perhaps should “have legs” and be applied to other matters. One great example is work product reuse. When supporting a corporate partner, a project manager is looking for ways to drive accuracy and efficiency not just at the matter level, but across the entire engagement. They’ll be able to suggest technologies and workflows that allow the corporate client to get the most value out of their existing work product as possible. This may take the form of coding reuse, which can be incredibly valuable given the high cost of review teams. Or perhaps there is a growing opportunity to build a data repository to minimize re-collection efforts? Can any of the larger eDiscovery goals be addressed upstream with the help of information governance experts? Are there similarities in the way certain types of matters are executed such that differentiated workflows can evolve? By maintaining an enterprise mindset, a project manager will showcase that she is truly embodying the big picture goals of her corporate partner.
2. Cost-conscious with an eye towards ROI
Supporting a corporate client relies on the assumption that both the eDiscovery provider and the corporation are playing the long game. A sophisticated project manager understands the larger landscape of their corporate client and knows that this type of delivery will help create a partnership where small-scale investment drives growth at the enterprise level.
Controlling and predicting eDiscovery costs is one of the top concerns for in-house legal teams. It is essential that their eDiscovery project manager understands how the master services agreement (MSA) is structured to provide the best possible oversight and consultation. Being cost-conscious means always having an eye on the budget and cost drivers while looking for ways to reduce spend. An innovative project manager takes a process-driven approach and seeks to standardize and templatize across matters, which helps to minimize the overall costs for the client.
Establishing and working within cost-driven guardrails for a corporate partner is only part of the equation; it’s also important to show the return on investment from these efforts. In-house legal teams value their eDiscovery partner’s willingness to show how and where the tight partnership drove meaningful return on investment and realized cost savings.
3. Ability to wear multiple hats
When supporting a corporate client partner, an innovative eDiscovery project manager needs to be comfortable wearing multiple hats. She needs to be able to assume the seats of both outside and in-house counsel, recognizing that they may have competing priorities and goals. Outside counsel has their own billing targets and revenue to protect while zealously litigating the matter for their corporate client. In-house counsel, however, may not have the same appetite for litigation because they are charged with overseeing a much larger landscape. A project manager should be able to move smoothly among these parties, helping to form a strong trio that achieves mutually beneficial outcomes for the case.
It’s also important to serve as a point of consultation for a corporate partner across matters. She may be asked to provide guidance on topics ranging from a collection approach, review set-up or search methodology, or deposition and trial support. An innovative project manager has the depth and breadth of experience to both provide a meaningful initial consultation and best leverage specialized expertise. She understands when to wear that alternative “hat,” and when to find better-suited resources for her corporate partner. By wearing these various hats, a project manager becomes a true extension of a corporate client’s team and serves to help further the long-term enterprise partnership.
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