Peer to Peer Magazine

33 WWW.ILTANET.ORG of one or two aorneys who would be willing to discuss their positive TAR experiences with colleagues. Having an impartial third party to validate your success is a great tool — especially for aorneys, who are risk-averse by nature. Once someone agrees to the demo, lock in a date immediately. It's important to strike while the iron is hot. Send a calendar invite to block off time in their busy schedule. Aer you've secured a date, it's time to plan for the demo. Hold a Successful Demo Over the last 10 years, I've aended countless demos. The most memorable and effective were those that were tailored to fit my case or focused on the features and workflows purported to be most beneficial. Although it doesn't maer which method you choose, the most important things about the demo are that it happens smoothly with lile to no delay, the process you are pitching is easy to understand and avoids industry jargon, and you are confident it will improve the workflow in a meaningful way. Be prepared for the following scenarios: » "My computer is operating a lile slow today." How many times have you heard this at a demo? Stalling a demo because the soware "isn't responding normally" might kill the deal. When an aorney picks up his/her phone and checks email, you know the deal is probably blown. There's nothing wrong with using an effective PowerPoint presentation to show workflow or screenshots instead of using the application in real time. » "We can use a combination of clustering and removal of lesser inclusive threads to organize and reduce the data volume." Aer you finish this article, say that sentence to someone in your family. That glazed-over look you're likely to get is probably what you will see from the case team. The explanation of the process needs to be done with no industry jargon. This is something I struggle with daily. But it is crucial if you want to ensure the case team feels comfortable and in control of the process. » "Our tool has every bell and whistle you would ever need to reduce time and costs." You can't get more general than that. Case teams want to know that you put thought into how the solution will help them with their specific case. Try starting the demo with this: "What would you define as a successful outcome for this review?" The answer to this question will help you tailor the demo to fit that particular goal. End the demo with an affirmation of how you can meet their goal. Demonstrate the Savings Aer the case team sees how the tool works, it's time to get down to brass tacks. You need to have a few scenarios ready to demonstrate possible cost- or time- savings. I provide time/cost scenarios for conducting a straight linear review using keyword culling versus document review using keyword culling and TAR. I do this using Excel calculators developed over the years. When presenting estimated costs, always include a section for the total savings. This really gets their aention. Close the Deal The most important part of selling TAR is closing the deal. This can also be the most difficult. Here are a few tips to help you close. » Stress the importance of learning about their case faster by focusing on what is most relevant and discarding what is not. » Instill confidence that this process will work for them. » If they are wavering, ask what gives them pause, and quickly address those issues. Finally, if you fail, don't give up! Even if the case team goes in another direction, you've accomplished your goal of starting the conversation regarding TAR. Just like buying a time share, they are likely to tell their colleagues about the experience, which increases your chances of success going forward. P2P OLIVER SILVA Oliver Silva is the Litigation Support Manager for Nutter McClennen & Fish LLP –– one of the 10 largest law firms in Massachusetts. He has worked primarily in litigation support for the past 10 years and is a Certified E-Discovery Specialist. Contact Oliver at osilva@nutter.com. Have I Got a Deal for You: Selling TAR Like a Pro CASE STUDIES If the person you're pitching to seems skeptical, have a credible reference ready to go.

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