publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/395170
ILTA WHITE PAPER: OCTOBER 2014 WWW.ILTANET.ORG 25 New matters coming into a law firm can mimic a subscription box: Their exact composition is not known until conflicts clear and the files have opened. A customer of a fruit subscription box might quickly separate apples from oranges or juicers from pie fillers; firms must understand the composition of their box of matters to properly invoke processes and procedures designed to get the most from the mix. In June 2014, as part of the Legal Marketing Association's P3 conference, we were fortunate to be given the opportunity to present on leveraging workflows and technologies that helped us sort through and understand our assortment of new matters. How does Sheppard Mullin use its workflow to make sure alternate fee arrangements (AFAs) are properly separated from traditional hourly work? How does Bryan Cave build and leverage technology to collect data useful in distinguishing opportunities for early settlement from those that could get entrenched in lengthy and costly litigation? While there is no single recipe for every firm hoping to separate its apples from its oranges, our experiences and tips can get you on a path to reap the fruits of your efforts before your next box of matters arrives. WHAT'S WRONG WITH THE FRUIT? When Sheppard Mullin's knowledge management department became more involved in the pricing of matters last year, a few issues came to light: • It was difficult to determine the status of an AFA approval. Our AFA "czars" (designated attorneys responsible for approving AFAs in their areas of practice) approve AFAs, and their approval is required before an AFA matter can be opened. The czars didn't have access to their approvals once given to an attorney, so they never knew if approved AFAs made it to the intake process or if the client didn't accept the AFA. • We didn't have a set method for identifying AFA matters once the matter opened. • We were lacking a method to catalog active AFA matters and to track their financial performance. We decided to add more efficiency and transparency to the entire matter life cycle by utilizing existing technology. At the same time, we had to be efficient in our approach due to limited resources and budget. START WITH LOW-HANGING FRUIT Our czars are busy attorneys who do not have time to keep track of all their AFA approvals. Some of them receive several AFA proposals a day. We knew the easiest place to start would be with the czars, as they'd see immediate results. To track their approvals — which are all completed via email — they are forwarded to the legal project manager. The approval is reviewed, and the relevant information (billing attorney, AFA type, description of the potential work, fee arrangement, etc.) is tracked in an Excel spreadsheet. Reviewing each approval might seem labor intensive, but it is the best way to ensure accuracy and consistency in identification and categorization. Once a month, the legal project manager reviews the spreadsheet to ensure all the data are accurate, and the list is shared with the czars. Seeing all the approvals provides the czars with insight into AFA trends across the firm. Once the monthly Excel spreadsheet is completed, it is uploaded into a SharePoint list. The SharePoint list About the Author Christian Zust serves as the Supervising Legal Project Management Attorney in Bryan Cave's Practice Economics Group (PEG), an innovative group focused on appropriate pricing and budgeting, as well as managing engagements to ensure work is completed successfully, on schedule and on budget. Christian can be contacted at christian.zust@bryancave.com. About the Author Merrill Helms is a Practice Economics Manager at Sheppard, Mullin, Richter & Hampton LLP. Her focus is to bring project management structure and process to legal work, along with developing financial models, reporting and budgets for attorneys and clients. She also assists in developing efficiencies for interdepartmental processes. She can be contacted at mhelms@sheppardmullin.com.