LPM 5 Ways Series: 5 ways a legal project manager can help with disclosure

Introduction

As anyone who has been involved in  a disclosure exercise will no doubt testify, disclosure in litigation, England and Wales[1] in particular, is not only routinely the single most expensive phase in a dispute, but the most unpredictable, hardest to control, and the most likely to spiral. Budgets and timescales are often exceeded as lawyers try to get to grips with ever increasing amounts of, in the modern age, mostly digital data.

Following on from “5 ways that a Legal Project Manager can help you sleep at night”, in this article we explore how the deployment of a Legal Project Manager (LPM) and LPM techniques, can drive efficiencies in both costs and timeline, eliminate or properly manage risks to the disclosure exercise.

The disclosure challenge

A disclosure exercise involves the identification, collection, filtering, review, and production of documents relevant to a case. Whilst this may sound straight forward, it is not without its challenges.

Some of the challenges on large complex litigations can include:

• the sheer volume of data;
• the complexity of the format and source locations (worrying about how to harvest the different types of data);
• the deadlines, which are often lean, necessitating the need for swift and efficient processes;
• issues around cost management (disclosure costs can be vast from the costs of storing and hosting the data, to the time needed to review it); and
• ensuring quality control – the accuracy and completeness of the documents to be disclosed.

5 ways legal project management can help

LPM addresses these challenges head-on by applying structured methodologies to the disclosure process with:

1. Improved planning and organization

LPM involves meticulous planning, and identifying and creating solutions for potential blockers and risks. This is crucial for managing a large disclosure exercise. By defining clear objectives, scope, and timelines, and identifying risks and creating contingency arrangements, legal teams can ensure a systematic approach to disclosure. This includes:

• Defining scope: identifying early the nature and type of documents which are likely to be relevant and likely to be required to be disclosed;
• Resource allocation: from the outset, assigning the right personnel and technological resources to handle the review and production processes;
• Timeline management: establishing realistic deadlines for different phases of the disclosure process to ensure timely completion. This often involves “reverse or retro-timelining” where the team work backwards from the disclosure due date to determine when the disclosure process needs to start; and
• Risk management: includes the consideration of potential issues and blockers, human, technology, geography, resources, well in advance of their occurrence, and having a strategy ready to be deployed to address those issues.

2. Cost management

Disclosure costs can escalate quickly. LPMs deploy cost management by:

• Preparing detailed budgets: prepared at the outset of the exercise alongside a project plan or timeline, which is monitored and updated regularly;
• Forecasting: in advance how much the data may increase when it is expanded or decrease as a result of processing; and
• Optimising processes: through efficient use of resources and deployment of technology.

3. Efficient execution and resource management

Having an LPM controlling the disclosure exercise creates a single point of contact controlling the deployment of resources, with a holistic overview of the project and progress. This can include:

• Resource delegation: Working with the work allocation team well in advance of the exercise to identify resource availability and capacity;
• Technology utilisation: Leveraging e-discovery tools and software to automate parts of the process; and
• Training and support: Providing team members with necessary training and support to use technology effectively and understand their roles in the process.

4. Effective communication and collaboration

Communication is vital in any project, and LPMs ensure effective communication among all stakeholders. This includes:

• regular updates and meetings with stakeholders to report progress, discuss issues, and make decisions;
• transparent reporting providing clear and concise reports to all stakeholders on the status of the disclosure exercise, highlighting any challenges and how they are being addressed; and
• setting up collaborative tools and platforms to facilitate communication and document sharing among team members.

5. Enhanced monitoring and control

Continuous monitoring and control are fundamental to effective project management. Lawyers often plan and budget activities, but then fail to monitor and adjust, causing plans and budgets to fall away. LPMs ensure that the project stays on track and meets quality standards. In a disclosure exercise this can involve:

• progress tracking: using project management software to monitor the status of tasks, identify bottlenecks, and reallocate resources as needed; and
• risk management: identifying new potential risks early and developing mitigation strategies to address them before they become significant issues.

Conclusion

Legal Project Management is a powerful tool for managing disclosure exercises. By applying LPM principles, legal teams can handle the complexities of disclosure more effectively, ensuring compliance, reducing risks, and controlling costs. As legal matters and disclosure become increasingly more complex and data volumes continue to grow, the importance of LPM in disclosure exercises will only increase, making it an essential resource for modern legal professionals.

[1]  Other jurisdictions have vastly differing disclosure regimes from the US style “keys to the warehouse” approach, to mainland Europe where, save for specific requests, disclosure can be rare. The historical England and Wales model of “standard disclosure” is also often adopted in Arbitrations.