Category: Business Process Management

Assessments Aren’t Just for Litigation

Early case assessment (“ECA”) is a valuable tool to analyze the risk and exposure associated with any given piece of litigation. But it is equally important in defining precedent and strategy for managing the litigation going forward. Simply put, ECA is composed of the following components:

1. Investigate facts

2. Analyze contextual issues

3. Decide on objectives for a project

4. Address stakeholder expectations

5. Define exposure (risk & financial)

6. Develop a project plan

7. Create a budget

So as I see it, ECA is critical to litigation. And it plays into Onit’s theme about legal project management being a three-legged stool: assessment of the situation, development of a project plan, and then budgeting for the project. Then, wash, rinse, and repeat.

But, is it really only useful in litigation? I think that this type of planning and critical thinking is valuable to all big legal projects. (You define “big” for yourself, but for me I would think projects that take more than a few days, or use outside counsel, fall into this definition.) So to help break free from the litigation context that ECA is most often associated with, I will call these “initial assessments.”

I would go one step further in applying process to the creation of initial assessments: don’t allow an invoice from outside counsel be submitted before an initial assessment is created. And while we are thinking about this in a process context, perhaps you don’t allow the creation of a project plan or budget before the initial assessment is done also. After all, how can you properly plan or budget a legal project without assessing the situation first???

One final point on the initial assessment must be made. Onit is not in the standards setting business and we don’t believe that initial assessments are a “one size fits all” form. These need to be tailored to a company and, more importantly, to a project type. An initial assessment for an acquisition looks very different than one for loan documentation or ERISA litigation.

In addition to breaking the litigation link to this concept, I also want to start to promulgate the idea that assessments are part of a continuum of project management. So in addition to the initial assessment, there should be periodic ongoing assessments and a final closing (or postmortem) assessment.

Ongoing assessments are key to managing the costs and risk of a project. It should be a review of all aspects of the initial assessment and allow you to consume any new facts or changed circumstances. Based on the ongoing assessment, you should update or refine your project plan, if necessary, review the budget and update that as necessary.

I like tying things like ongoing assessments and budget reviews to existing events or processes so as not to create more work. So, while these ongoing assessments can be done monthly, quarterly, or when the facts change, I think that a good (or better?) time to think about these is when a bill is submitted by outside counsel. That is a good opportunity to have your outside lawyer tell you if there are material changes to the initial assessment. If there aren’t changes, the process is simple and added no new work. If there are changes, then invoice presentment is a great time to ask changes or updates to be noted in the project.

Similarly, bill approval is a great time to ask the inside lawyer to do the same situation assessment and determine whether an update to the initial assessment is necessary. This way, every month a CEO or GC has an up to date assessment of the status of big legal projects.

Finally, but certainly not the least important, is to do a closing or postmortem assessment. Best practice project management dictates that you evaluate the performance of all project aspects to the initial assessment and evaluate the performance of stakeholders (including outside counsel, if used).

I think this applies to legal project management just as certainly as it does to other types of projects. It will allow you to determine what did and didn’t work in terms of risk or financial exposure and give you critical data to create better project type templates and to use information gained to create better project plans and better budgets.

Tags or Folders?

At Onit, we had to make a decision between using a tag or folder metaphor for “filing” information. We chose tags, and I will tell you why after a short introduction of both possibilities.

You know what folders are if you use a computer. Folders are directories that can contain other folders or files. They are very flexible in that you can create an unlimited number of folders and nested folders to organize your information. The key limitation of most foldering systems is that an item (document, image, file, etc.) can only exist in one folder or sub-folder at a time. Creating your system is complicated up front if you want a logical way to find your information. Not thinking it through up front will typically lead you to a disorganized, “let me just create a new folder for that” approach that is little better than having all of your information in one folder.

Tags are different from the ground up. Unlike folders, where items belong to a folder, a tag belongs to the item. This is an important distinction and one that gives tagging a great advantage over folders. Tagging lets you assign an unlimited number of tags to any item.

If you use any type of photo catalog software, you are probably familiar with tags. For instance, one photo could have a picture of mom (tag “mom”), dad (tag “dad”), Suzy (tag “suzy” and “kids”), Billy (tag “billy” and “kids”) and be from a recent vacation (tag “vacation” and “2010”) in Rome (tag “Europe” and “Italy” and “Rome”). You can see the beauty of this method. With just a couple of clicks, you can now pull out all of the photos with Suzy in them that were taken in Italy in 2010. It is not important what folder these pictures reside in.

I believe that files can benefit similarly from tags. It is rare that a file, let’s say a PowerPoint presentation on the 2010 Marketing Budget, couldn’t also benefit from multiple tags. Say you want to file that presentation. You will probably do something like file it into Marketing or Budget but if you used tags, you could tag it with “presentation” and “2010” and “marketing” and “budget.” That would give you a much richer way to find relevant information.

The downside of tags, though, is that you typically don’t see your information in the same hierarchical way that folders allow. But does that really matter in this search-centric world? I don’t folder much of anything anymore; I simply search. But tags make search much more valuable. And, if you really need it, there are ways to make tags look like folders.

Here at Onit, we chose tags as the metaphor for adding meta data to documents and projects. We think it works. Let us know what you think.

Legal Project Budgeting

I had some preconceived notions about budgeting for legal projects going into the design phase for the Onit legal budgeting set of features.

First, I believed that our primary market, corporate legal departments with $1 to $6 billion in revenue, would want their law firms to create and submit a budget. After all, that is what the Fortune 500 market wants. Second, I believed that our primary market would want detailed budgets, at least at the phase level. After all, Fortune 500 corporate legal departments want to budget at even a greater level of detail. Both of these preconceived notions were wrong. And not just a little, but 100% wrong.

For a market that does very little budgeting today, a little bit of functionality goes a long way. As a result, we will deliver life of project and annual budgeting capabilities and skip the detail for now. Budgets, while they can be informed by law firm input, will really be created by the corporation. It is clear the general counsel in these companies rely much more on the expertise and opinion of their own employees about project costs than they do their vendors.

We have learned a couple of other things that would be more helpful than more detail. In addition to providing budget to actual comparisons, we will also be trying to extract some meta data about the invoice and the project at the time of invoice submission by the law firm and invoice approval by the inside project owner. Specifically, knowing what your spend is compared to your budget is not that meaningful unless you also know where your project is compared to its estimated completion. For instance, knowing that you are at 50% in a project is enhanced by the knowledge that you are 67% through with the legal work on the project. Your budget to actual comparison is now informed in a very meaningful way.

So in addition to collecting an invoice, we will also want to know whether there is a new estimate for project completion costs or date. These are relatively simple things to collect in our model with value that far exceeds the cost to collect.

Legal Project Management is EXACTLY like Legal Electronic Invoicing

Not really. But the process that the legal industry is going through to define legal project management is exactly like the process the industry went through to come up with standards for electronic invoicing in 1997 and 1998, which yielded the Legal Electronic Data Exchange Standards, or LEDES for short.

In the mid-1990’s, companies like AIG, GM, DuPont and countless others were creating their own formats for law firms to submit their invoices electronically. It made sense because there were no standards. Then electronic invoicing vendors like Examen and TyMetrix started writing their own formats and proposing that companies adopt them so that there would be less formats in the market. The short term result was more formats.

The solution was to have the industry get together and agree on a unified standard that may not necessarily cover everyone’s complete wish list, but was enough for law firms, corporations and vendors to start communicating in a common language. Until that happened in 1998, electronic invoicing was only a trickle. After that, the flow of data became a flood.

Today, there is a lot of chatter about legal project management. There are lot of ideas about what it means and why the legal industry needs it. There are also a growing number of definitions of legal project management. I find that they are predominantly from the law firm perspective, though. Not wrong, but our perspective is very much from the buyer of legal services perspective, not the seller. In my view, until the industry finds a way to come together and agree on a definition, legal project management will make little headway.

How the industry gets together to do this is a bit more challenging. In the earlier example of electronic invoicing, PriceWaterhouseCoopers funded the initiative and really facilitated the outcome. They did this, presumably, because they wanted to be seen as thought leaders and to generate fees eventually based on the implementation of electronic invoicing and spend management. And I think they were successful. Who will step forth for legal project management is less obvious. It can’t really be a vendor like Onit. And it can’t really be a law firm. And it can’t really be a corporation. I think it will take a forward-thinking, thought-leading consultancy that understands that investment is necessary here and that it will yield benefits in the future. Any takers?

Finally, in the interest of moving the ball forward, here is my top-level take on what legal project management means for corporate legal departments. Feel free to comment.

    1. Initiation
        1. Create project

        1. Define issue

        1. Define project goals and scope of work to be performed

        1. Define desired outcome

        1. Have initial conversation with outside counsel (if necessary) about the project

    1. Planning
        1. Agree on a project plan, which breaks all deliverables into discrete items

        1. Agree on a budget according to the project plan

        1. Agree on a staffing plan and detail who will work on the project and at what rate

    1. Execution & Monitoring
        1. Begin execution of the project plan

        1. Get weekly status updates (or more frequent for shorter projects)

    1. Completion & Evaluation
        1. When a project is complete, go through an evaluation process that includes the following:

            1. Project evaluation

            1. Firm evaluation

            1. Lessons learned

        1. Use closing process to help you create better templates for future projects

Depth Verse Breadth

As we prepare for our new website launch and begin work on our premium product tailored at the legal vertical, we continue to struggle with how we talk about what we do. Although we designed Onit specifically for lawyers, we quickly realized that Onit is a universal project management tool that any professional, or non-professional for that matter, could use.

At the highest level, a lawyer’s project management needs are not that dissimilar than most people’s needs. On the one hand, we have a great, general project management tool that we will continue to grow for all professionals. On the other hand, our business plan predicts that 100% of our revenue will come from the legal vertical in the next five years.

It is the classic “depth verse breadth” battle that most software companies encounter. So far, we have tried to straddle both: Onit is for everybody; Onit Premium will be for lawyers and people that work with lawyers. Now, we have to find a middle ground that clearly articulates Onit’s value proposition to both audiences.

How E-billing Has Evolved Since the 90’s

I have been thinking about legal e-billing and spend management for a long time now. My partner and I implemented the first really successful e-billing systems in corporate legal back in the late 1990’s. At that time, corporations were dealing with invoices the size of phone books from their outside lawyers. They were simply too big for busy inside lawyers to review.

The goal with our product was to identify waste. Everyone knew the waste was there. They knew that their invoices were too high. They also knew this was not because the firms were cheating them but because no one was reviewing the invoices for mistakes made by their firms.

Many of the Fortune 500 were the earliest adopters of the technology and the earliest success stories. We designed our product with their requirements in mind. We developed big hairy systems to get invoices electronically from law firms to their corporation customers. We wanted to help them save time and money and eliminate waste.

We at Onit are in the process of developing a new e-billing system that will work for BOTH small and large corporations. One of the first things we learned was that scale matters. Smaller firms and workgroups have very different problems and barriers to adoptions than the largest corporations in the world. Trying to implement software designed to squeeze pennies out of every line item will not work for you unless you have lots of line items.

We have a philosophy about how, why and when you should adopt e-billing and spend management systems and this collection of blog posts, I hope, will articulate some of that philosophy.

The Downfalls of the Waterfall

In our last post we briefly mention waterfall development and why in client work, it’s important to avoid that method when managing a project. To explain why, we want to go into a little more detail on what waterfall development really means.

It is typically defined by seven linear stages: conception, initiation, analysis, design, construction, testing and maintenance. Some of these stages can last months and are usually marked by big milestones. It is only upon the completion of these milestones that the customer or client is reengaged for review.

The advantage of this method is that the customer has to really think about what he wants before software engineers spend time coding. And it allows for predictable, top-down management of engineers from the project manager’s perspective. But the biggest disadvantage of this method is that if the product starts to veer, or if too many project interpretations are wrong, it is a long time before the customer knows it. There is the potential for vast amounts of rework and very unhappy customers.

The Importance of E-billing

Before I start discussing e-billing, let me tell you a story to illustrate how important it is.

I remember walking through a large bank’s offices in the late 1990’s. As we walked back to the conference room to give our sales pitch on why they needed a e-billing system we had to squeeze past boxes four feet high.

I asked “What’s in the boxes?” They said legal bills.

During the sales pitch I asked several questions:

How much do you spend in legal bills? Answer: we don’t know.
How many law firm vendors do you have? Answer: we don’t know.
Home many legal bills do you get a year? Answer: we don’t know.

I knew then that the software we had designed was going to sell itself. In the next series of posts I will be explaining why e-billing is so important and why we at Onit have spent so much time designing a system that works for you, no matter how big or how small your company may be.

Agile Project Management

In the software engineering world, they use a disciplined project management process called “agile” The agile method is based on teamwork, frequent inspection and adaption, self-organization and accountability, and a business approach that aligns work with customer needs and company goals.

We think those tenets should be applied to all project management systems, not just the development world, so the agile method was central to our thinking when we designed Onit.

Agile project management, unlike more traditional systems, is neither linear nor marked by complete specifications being written up front. Agile project managers work in much smaller chunks of time, 2 weeks for example, and fast iteration is key. Yes, specifications still need to be well understood but that doesn’t have to happen up front. Since you are moving fast, you can change those quickly and incorporate new ones as needed. These constant updates also keep everyone in the loop and save time.

We think agile lawyering makes sense. My lawyers and I should iterate more frequently on my projects. Onit allows you to define your goals clearly and up front and then through “discussions” in the service, you can iterate to make sure the project gets completed with the least rework. And you have a running transcript of decisions and conversations. Imagine having one place where you can see everyone’s updates, rather than having to call a meeting to discuss them!

Another online project management system?! Another project management blog?!

The answer to both of your questions is no.

At Onit, we recognize that the discipline of project management could play a valuable role in the average lawyer’s practice. None of the tools currently out there are a good fit so we spent the last year studying lawyers and trying to determine what was missing in the market for them. What we created is not the ‘building a freeway,’ heavy, top-down project management that most people think of when they think of project management. Rather, we think what they need is more akin to lean project management, which is collaborative and is focused on eliminating waste as it’s primary function.

We have applied what we learned into a flexible, online project management tool based on lawyer’s specific needs. But a funny thing happened on the way to the legal industry: we discovered that lawyer’s project management needs are no different than most people. Perhaps the scale is a little different, but when we stepped back from what we had built, we realized that we created a tool that anybody could get value from. The reality is we are all project managers, whether we have that in our title or not.

We will continue to post on topics that are important to us and that are the foundation of how we think about project management. Next will be a post about our borrowing of concepts from software developers about iterating and frequent status updates.

On Monday, February 1st, we’ll be debuting Onit at the LegalTech 2010 conference in New York City so stop by and visit us! Onit will also be available for beta testing and we encourage you to sign up and try it now. Your feedback is important to us, so please leave comments and interact with our community forum!