publication of the International Legal Technology Association
Issue link: https://epubs.iltanet.org/i/503802
ILTA WHITE PAPER: APRIL 2015 WWW.ILTANET.ORG 26 OUTSIDE COUNSEL'S ROLE IN INFORMATION GOVERNANCE WHAT TO BRING TO THE TABLE How can outside counsel get a spot at the table during client IG decision-making? And once there, what are the most impactful steps to take? Here are three key ways outside counsel can add value: Understand the Internal Landscape: Before bringing in a laundry list of recommendations and/or warnings, counsel must do their homework on the client company. Corporate culture, appetite for risk and openness to changing processes will have bearing on the decision-making process. The first step is to secure an executive sponsor who can drive the project and push past any obstacles arising from cultural factors or how the company has managed data in the past. An IG project cannot be successfully implemented without C-level involvement. Work with key stakeholders to evaluate each one's unique motivators, as they will vary greatly between the GC, CISO, CIO, etc. Discuss the merits of the project, and help stakeholders understand the "gives" and "gets" involved. During these discussions, come to the table prepared with a detailed risk analyses and ROI calculations for proposed projects. Help the client understand how much the projects will cost, how much they will save in the long run, the risks involved and how to mitigate those risks. A best practice is to start with small projects that can show value quickly and grow in scope (and ROI) over time. Remember that organizations might run the gamut in their approaches to data preservation, ranging from "keep everything" to "delete everything" to a Wild West data environment with very little policy. Geographical factors come into play as well. Multinational corporations must consider overseas data privacy laws and global environments of bring your own device (BYOD). These factors make a huge impact on how IG should be approached, and an attorney must understand these nuances in order to advise clients effectively. Consider All Variables: Attorneys are trained to focus on risk in all scenarios. However, risk is not the only variable in proactive IG and often takes a backseat to other factors such as cost, disruption to the organization and ROI of the project. Because IG is not typically case- driven, outside counsel could run into problems approaching it with a "sky is falling" attitude rather than a holistic business view. For example, clients will be more receptive to an approach that balances the likelihood of running afoul of regulators with strict regulatory risk prevention. Most stakeholders will be focused on either cost or business process improvement, and attorneys who can look at the overall picture will be much more successful in obtaining corporate approval. Look beyond risk reduction to ensure programs include strategies for cost containment and minimizing disruption. Attorneys who do this can work with clients as true partners and drive change in how outside counsel's role in IG is viewed. Come to the table prepared with a detailed risk analyses and ROI calculations for proposed projects.