Canadian Lawyer

of steps to take in handling any legal file" starting with the client's needs and priorities, begins Pam Woldow whose Pennsylvania-based Edge International provides legal project management consulting for law firms. The approach, more commonly associated with the engineering and technology fields, was first adopted in the legal profession by large firms feeling the pressure to budget out and plan projects for clients who wanted predictable costs with fewer surprises. Under increasing financial strains, clients were approaching law firms looking to reduce their legal expenses, see greater efficiency, and adhere to a budget which could be predicted. At the core of it all is communication with the client. Frequently, says Woldow, the clients' wants and needs and what they feel is most important are given short shrift, as lawyers focus on the legal issues and a natural desire to win. So there can be mistakes in defining the contours of the work to be done. "In training, we actually spend a lot of time in the front end of scoping. Ninety per cent of the time the problem could have been avoided if it had been scoped well at the beginning." Some of the basics in approaching legal project management include starting from the bottom up — choosing certain files with clients most interested in this approach using an identified team that buys into the concept. Over time it can be implemented throughout the entire firm. It's the same for small firms, but the mechanics are simpler, points out Steven Levy of Seattle-based Lexician consulting and author of Legal Project Management: Control Costs, Meet Schedules, Manage Risks and Maintain Sanity. At its core, it's about time, money, the client, and the team involved figuring out where the value is; areas of focus that are important in every legal file. Chronicling the goals of the project helps in laying out both the plan and the timeline, as does an understanding of the critical success factors. "Once you have that foundation, you can start planning and know you're heading in the right direction." He suggests creating a short project charter to clearly identify the client's business problem, critical stress factors, and hidden stakeholders. The approach includes some planning prior to executing the work and giving assignments clearly to minimize misunderstanding and rework. Key deadlines and project risks are part of the plan, which are all confirmed with the client. Finding a way to take control of e-mail, getting the right tools and technology, and keeping in touch with the client all play a part in keeping the law office operating efficiently. And, at the end of each project, do a quick "pizza-lunch debrief." So what constitutes a project? "If you have more than three or four tasks on a matter, you have a project. And if you have a project, you can benefit by applying the principles of legal project management," says Levy. As a partner at McCarthy Tétrault LLP, Barbara Boake led the development and implementation of the firm's Dialogue Project Management program and co-authored Project Management for Lawyers with Rick A. Kathuria in 2011. As the first Canadian firm to go this route, Boake found the tools were out there, what was new was applying them to the legal profession. When her firm first adopted the approach internally, it was a way to differentiate McCarthys from other firms. Now its principles are in more widespread use. "It certainly isn't something that is a flavour of the month. It's something the profession is going to have to embrace." "They will have to build the expertise in house," adds Matthew Peters, McCarthys' national leader for markets. "It's the approach as opposed to the tool set that's really critical." Currently their firm is using the project management approach on 420 matters. There is increased potential to use those principles on an increased number of files over the next couple of years, but isn't expected to be applied universally. Getting started in a small firm might not be difficult, because many already have the tools and technology they need to get going. But Boake says because it's all about the people, it's a good idea to "very carefully assess the firm's culture." Finding key people who buy into the concept can make the transition easier and, as in McCarthys' case, there might well be someone in-house with project experience. Finally, it's all about a client's needs and wants. "Getting client feedback is important. If you're a small firm with a particular client group, you might want to canvas some of the bigger clients" prior to launching into legal project management, says Boake. As director of practice support for Cassels Brock & Blackwell LLP, John Gillies has been watching the increased use of legal project management. While his firm has yet to fully adopt this approach he sees it offering a discipline in how services are provided to clients. Other professions, such as architects and accountants, provide fixed-fee quotes, something not typically part of the legal services tradition. "I believe it's going to be an inevitable evolution in the law firm environment. . . . I think it's logical that the clients will continue to put pressure on firms to make their accounting more predictable." While the impetus might well be money, a key aspect is communicating and making the client the focal point instead of the issue or the desire to win. Technology is often part of the process to keep the management of the firm efficient and to keep a handle on the budget. For Gilmore's small but busy firm, which includes some very experienced professionals, he ensured training preceded implementation, which is key when relying on project management software and other technology. "We learned many years ago that it's best to ensure you have buy-in." He also found not everyone uses the same technology the same way. To encourage staff members, everyone participates in computer playtime for half an hour every week. That gives everyone a chance to try something different with a program they hadn't tried before or try a new program. Woldrow sees legal project management becoming the norm for law firms and being encouraged in law schools. "So you'll have a generation thinking this is normal, a sea change. They'll come in thinking 'What, we don't have a budget? We need a budget.' I think that will be the situation going forward and it's a good one." www.CANADIAN L a w ye r m a g . c o m august 2013 21

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