Can legal project management succeed in the unpredictable world of litigation and transactions?
In mid-2013, its fair to say that we have now arrived in a world in which legal project management (LPM) is here to stay.
July 11, 2013 at 05:15 AM
4 minute read
The original version of this story was published on Law.com
In mid-2013, it's fair to say that we have now arrived in a world in which legal project management (LPM) is here to stay. In a recent survey by American Lawyer Media, fully 51 percent of managing partners, attorneys and top staff at major law firms said their firm was employing LPM in some manner. As recently as 2008, that number would have been much smaller. Project management just wasn't on the radar screen of the legal industry, but it is now.
It's clear that for a number of reasons that stem largely from client demands for greater predictability, accountability and transparency around the cost of legal services, major law firms are now embracing LPM, whether they want to or not. The demand has come, of course, from corporations and their in-house legal departments, many of which already employ LPM in their operations.
A major question about LPM has, however, arisen lately, one whose answer may determine whether the project management trend that has been sweeping the legal world will continue in full force or will stall.
That question or objection is: how can the techniques of project management, honed over the years as a way of keeping costs under control for construction companies that build office towers, be applied to the wild and woolly worlds of major corporate litigation and of corporate transactions? It's quite clear that repetitive pieces of legal work, such as routine purchases or leases of real estate, or automobile accident cases, can be systematized and subjected to fairly precise budgeting, but what about major, complex matters?
High-stakes corporate-commercial litigation and complicated deals, it is argued, are too unpredictable to be subjected to the advance budgeting and constant re-evaluation that are the mainstays of LPM.
In the litigation context, there is always going to be that unanticipated set of documents, that unexpected witness, that judge who goes off on some minor issue, that unexpected court delay and myriad legal issues that weren't foreseen when the case was filed. One can't control what the other side plans to do, it is said. The adversary can raise seemingly endless objections and counterclaims and can even engage in classic stall tactics. And the unpredictability increases as the number of parties and claims increases, especially for class actions, mass torts and other aggregated cases.
In the deal world, it is a similar situation. The other side in a negotiation will have its own internal deadlines, its own incentives and its own needs that the deal is supposed to fulfill. In addition, transactional lawyers say it is too difficult to track their time for budgeting purposes since there's no established set of phase/task codes for corporate deals, as there are for litigated matters.
Every piece of litigation and every transaction is therefore unique, some say – so the concepts of LPM don't work very well. As law firm consultant Pam Woldow has written, summarizing the objection, this is an “unpredictability defense” that “asserts that it is nearly impossible to precisely plan and completely control legal spend because legal matters are subject to such a plethora of unforeseeable variables, risks and unexpected events.”
But this places corporate legal officers in an untenable situation. In today's post-recession business world, certainty and predictability of costs are even more necessary than ever for the success of both private and public companies. As leading consultant Timothy B. Corcoran has argued, the worst crime for a general counsel is not the development of an advance estimate of the company's costs that is too high or too low. It is an estimate that leaves too much room for surprise, robbing the company of the predictability that it needs to make rational decisions for the future. So if so much is unpredictable, how can in-house counsel effectively manage the legal department's budget, as counsel is increasingly expected to do? That is what we will discuss in next month's article.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLawyers Drowning in Cases Are Embracing AI Fastest—and Say It's Yielding Better Outcomes for Clients
GC Conference Takeaways: Picking AI Vendors 'a Bit of a Crap Shoot,' Beware of Internal Investigation 'Scope Creep'
8 minute readWhy ACLU's New Legal Director Says It's a 'Good Time to Take the Reins'
Trending Stories
- 1Decision of the Day: Administrative Court Finds Prevailing Wage Law Applies to Workers Who Cleaned NYC Subways During Pandemic
- 2Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 3Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 4'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 5Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250