Digital White Papers

I L T A W H I T E P A P E R | C O R P O R A T E L E G A L D E P A R T M E N T S 11 C O R P O R A T E K M larger ecosystem which support the legal function in the organization. The framing and build of this type of program within a law department is not instinctual as it would be in a law firm as a core function. In fact, depending upon the size, volume, and scope of a law department, there may be no requirement at the immediate moment. However, for established organizations or larger law departments (15+ attorneys or spanning 5 to 10 legal matter types), the necessity of having a professional manage an information governance program for the law department as well as be an integral part of the organization is paramount. The importance is born reactively in most cases or evolved from a situation where an external influence required the organization to produce facts concerning how information is managed, what information is managed, and who are the key organizational players to ensure it is legally and compliantly preserved. Case in point – eDiscovery is a primary catalyst for organizations to develop an information governance program and dedicate a manager to the program. Mid-size to larger organizations amasses exceptional amounts of data for various purposes. Most organizations collect but do not utilize such data, however is there a purpose or legal requirement to dispose of or continually preserve such information for a period. Legal information governance program managers are facilitators on the rules of legal interpretation on how best to proceed with management of data. The next logical step here is how is knowledge of the information leveraged in ongoing legal matters and how best can it be utilized for the defense of the organization. When considering the scope of this concept there are several ways in which a professional or program can dictate small or large directional steps forward. • A key concept is the development of a mission statement or charter for impact of the Legal information governance as well as clear hard line deliverables which arrive from the position (i.e. discovery playbooks, information governance white papers for internal reference and external education, internal legal data mapping structures, etc.). The concept is progressive and innovative, however there are internal roadblocks which potentially inhibit or delay a program, are the interactions and controls from other business units which impact the deliverable – Information & Technolo (IT), business areas within the organization (Finance, Marketing, Sales, Regulatory, Tax, etc.), and/or management of the General Counsel with executive committees. Most notable roadblock is budget or funding for such a program. The following are key argument perspectives from a law department which support the cause: K E Y A R G U M E N T - determining the value not in monetary ways. Use qualitative figures and avoidance of immediate and future risks: • prove it is easier to reduce risk (how much is it to keep vs destroy? What is typically always being sought after in cases? What is the liability for the organization?) by committing to a dedicated program and tool to manage it. K E Y A R G U M E N T – form the scope is how to leverage "unused data" for future protection and usage: • Analytics with context and future uses in putting together knowledge management in future cases • Streamline usage of information for efficiency in process (determining privilege calls for litigation, outlining pathways for in-house work resources to look up historically, leverage the beginning of a process playbook, etc.) K E Y A R G U M E N T - security and protection of information when discovering potential risks of theft and loss: • Align with corporate security/information security to assess threat analysis and what typical information would require legal action or adjustment in the event of breach or theft. K E Y A R G U M E N T – self reliance and reduction of cost on outside parties to manage information.

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