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Life Cycle of a Matter Tools and Technology

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1 Life Cycle of a Matter Tools and Technology
WEBINAR Life Cycle of a Matter Tools and Technology October 17, 2017

2 Meet Your Presenters Sandy Roth, the senior member of the client-lawyer collaboration team in Bryan Cave's client technology department, has been with the firm for over 30 years. Most of Sandy's time is spent developing, consulting and training on new technology that helps lawyers better share real-time content and data with clients. Amanda Sturgeon is a Senior Business Analyst in the client technology department at Bryan Cave LLP. With the firm for 10 years, she works to identify and leverage technical solutions that will streamline legal work processes and improve efficiency. Amanda oversees the software implementation process and serves as the first line of contact and liaison for clients. Bryan Cave LLP is a global law firm with more than 900 highly skilled lawyers in 26 offices across North America, Europe and Asia. Bryan Cave’s vision is focused on finding new and innovative ways to deliver the highest quality service to clients.

3 The Life Cycle of a Matter
In this presentation we will discuss the key phases of the Matter Life Cycle as defined in the graphic below. Let’s compare the matter lifecycle to hiking. Yes, hiking. Both the matter lifecycle and the hike takes you from a starting point to an ending point, and, as we know, the middle is where it gets interesting. So you have to ask yourself: Are you using the newest and best equipment? It is pleasantly easy to navigate or uphill all the way? Do you ever find yourself at a dead end or lost? Do you figure out a more efficient route each time? Do you establish new relationships along the way? Today we’re going to work through the Life Cycle of a Matter. “Matter” is a term that we all hear on a regular basis, but do you truly know what goes into the implementation of a matter? Who is involved, what are the steps, how does this matter develop through each phase? Today we’re going to take a high-level, simplified look at the process. Let’s compare the matter lifecycle to hiking. Just like hiking, where you have to have the appropriate gear, know the direction in which you’ll be travelling, and how you’ll navigate through different terrain or weather conditions, the beginning to end lifecycle of a matter has very clear markers that must be followed to ensure the matter is handled appropriately. You’d never hit the trail without a plan. The same goes for your matter – which is why today we’re going to work through the different phases of the matter lifecycle. As you’ll see, there are 6 phases in a matter’s lifecycle: Business Pursuit Client Intake Delivering the Work Billing Collections Matter Conclusion

4 The Life Cycle of a Matter
Figuring out the process. As we know, it can be a real struggle finding, accessing and using the various tools needed to move a matter from start to finish. Oftentimes the tools are not set up in the most efficient manner. Wouldn’t it be great if everyone knew where to find the various resources and how best to use them at each point along the way? So, who can help with pricing an engagement? Figuring out the process and knowing exactly where to start can sometimes be the biggest hurdle. Some resources and processes are obvious and apparent, while others are difficult to find and challenging to navigate. Which department helps with pricing? Who can run a Conflicts check for me? Where do I track my time? These are common questions. In speaking with our Trainers, prior to Bryan Cave creating a very defined matter lifecycle process, they used to spend 3 days training new secretaries on the various tools and components of matter management…and they still didn’t get it all. It is very daunting to come into a firm and try and get your arms fully around the matter process. This overwhelming process is exactly why we’re here today – to highlight the key steps in managing your matters. Let’s begin with step 1, Pursuing the Business. ?What?

5 Business Pursuit Identify, scope and budget new engagement opportunities. The pursuit of new business is a team effort. Marketing typically works with the attorney to deliver RFPs/pitches/proposals. Pricing has become a vital component of the pitch/RFP. Once the matter is in the delivery state, attorneys will often contact pricers to confirm they are staying on budget. Technology solutions serve as differentiators in obtaining new business and developing new relationships. The 1st step in the process is the Business Pursuit. Simply put, this is pursuing new business and opportunities. Previously attorneys were responsible for identifying and bringing in new work and clients to the firm simply based on their legal reputation, past experience with a client, or recommendations. In today’s legal world, firms stay competitive and on the cutting edge by making this a team effort. This is done by utilizing various teams and departments to identify new opportunities, no longer solely relying on our attorneys to do the heavy lifting. This can entail: Working with Marketing on RFP’s, pitches, sales slicks, and proposals. Working with the Pricing Team to develop RFP responses, alternative fee arrangement, and creative budgeting. Technology Teams now also have a heavy hand in the pursuit of new business. At Bryan Cave, our BCX division is a group of 20+ technologists that work directly with clients or attorneys to promote innovative ways to solve problems - one key problem being matter management! By using technology to solve a client’s business needs or processes, we’re able to solidify “sticky” relationships, further growing and expanding future business opportunities. These relationships are developed using a variety of software solutions – sometime as basic as Excel, while other instances require involvement form our highly-skilled in-house specialty teams including our Marketing, Practice Economics, and Client Technology teams. Bryan Cave: Excel, In-house Pricing/Staffing Tool, CrossLite Small Firm: Coyote Analytics Large Firm: Proposal Pilot

6 Client Intake Conflict checks, engagement letters and the intake process are all used to gather required client data. A conflicts check is required to ensure the firm’s commitment to a client’s matter will not be affected by the commitment the firm has towards another client. Creation of a metaphorical “ethical wall”. Every matter requires a signed engagement letter from the client before the matter can be opened, which defines the specifics of the business relationship between the firm and its client. Defined expectations of data security. Firms share data from the intake form across all firm data systems to develop the matter specifics. The 2nd phase of the process is Client Intake. We’ve successfully engaged with a client and they want us to do the work. What’s next? Before any work can begun, a Conflicts check is required to ensure the firm is at liberty to enter the agreement. This creates a metaphorical “ethical wall”. Once Conflicts is cleared, this sets the stage for the engagement. The Engagement Letter defines the scope of work, the timeline, and the billing arrangement. Also included here are the special considerations a client expects from their firm. For example, information security has become a common request and inquiry we see from clients – they want to know the in’s and outs of how we’ll house and manage their information. In this modern legal world where technology plays such a heavy role, we now regularly involve our IS Department in our Engagement process. Data Security is key! Just as a firm runs the Conflicts check to ensure they’re clear to engage with the client, data security provides the client the peace of mind to comfortably engage with the firm. As you can see, at Bryan Cave we complete these steps using LegalKey for the intake and Conflicts check, and also HotDocs, a documentation automation tool, for templated engagement letters. The data gathered and generated in this phase is the foundation of the matter within firm data systems – client matter numbers for time entry, expectations of the relationship, fee arrangements for billing, etc. All of which steers us to the next phase – the creation of the work. Bryan Cave: LegalKey ,HotDocs Small Firm: Time Matters Large Firm: Intapp Open

7 Delivering the Work The day to day ongoing effort. The matter team and client work together to successfully reach the goal. Identify the scope and expectations. Identifying key players and information associated with the matter. Adherence to expectations and timelines. Ensure the appropriate resources are being utilized. Software and technology solutions Document management system Enterprise search engine Matter management Docketing system Client extranets At the end of the day, delivery of the work is the most vital component to meeting the client’s expectations. Timeliness and responsiveness are key factors in delivering the final product. And what is the “work”? It’s the meat and potatoes of the matter – the day-to-day matter work, the business intelligence, the tracking of the issues, it’s the document creation, it’s the researching of the issues at hand. This includes the tracking of such items as the people involved in the case, type of legal work, industry of the client, witnesses, judges, Courts, opposing counsel, issues, documents, budgets and invoices associated with each particular legal matter. Successfully completing the matter work involves utilizing the necessary resources to reach the finish line. The resources can refer to the having the right people involved, or it can mean implementing the right solutions and software. Lawyers have learned that they can save substantial amount of time and effort by leaning on newly developed tech solutions. These can include templated work to reduce downtime, robust search engines, research specialists, docketing systems, and data rooms. Bryan Cave attorneys complete this step using a variety of software options. eDocs for document collaboration across offices and teams. Data rooms (such as Firmex) allow for simple organizing and sharing of pertinent information. A newer, and highly successful, tool that our attorneys and clients have recently been introduced to is our own in-house matter management software, CrossLite. This a highly interactive proprietary software that we’ve developed in-house to streamline and automate the matter management process. We’ve integrated this solution with our Conflicts software, so our attorneys can directly open and manage their matters within CrossLite, while also tracking communications, progress, attachments, etc. Matter management software systems serve a variety of functions including conflict and ethics control, accurate matter opening, Bryan Cave: eDocs, MSOffice Suite, CrossLite, Firmex, DataSite Small Firm: MSOffice Suite, DataSite Large Firm: FileSite by iManage , which integrates with Outlook

8 Billing Turning hours worked into hours billed.
Time is tracked using an automated system that allows hours to be entered and released into the accounting system and included on the invoice. Various expenses are tracked and shared to the accounting system. Bills are generated and typically sent electronically. Firms that bill more frequently have better cash flow and a better understanding of their overall financials. Avoid “slippage” of untracked hours. In a recent LexisNexis survey, attorneys stated they bill an average of 6 hours, out of an average 9-hour work day…a 33% loss of possible time per year! Billing of legal work is undoubtedly one of the most critical components of the matter’s lifecycle. You certainly want to make sure you get paid for your long hours and top-tier effort. This stage is where worked fees turns into billed fees. Getting paid is a multi-faceted process. The attorney’s initiate the process by tracking their time. While time entry may feel mundane and burdensome, accurately and precisely tracking time is key in ensuring the client is appropriately charged. Software such as DTE, TimeBuilder, and Elite, which are used at Bryan Cave, allows the attorney to provide a narrative or description, providing the client piece of mind in knowing exactly what work they’re paying, what discounts they may have been provided, and how much they can expect to be billed. Billing can get sticky when an attorney doesn’t appropriately track the hours spent on the matter. Perhaps the attorney takes a call while out to lunch or waiting for a flight in the airport. Perhaps the attorney spent more time than expected with tracking down a current document version in the “delivery of the work”. This inaccurate or missed time is often referred to as slippage. According to a recent LexisNexis survey, attorneys stated they typically bill an average of 6 hours out of an average 9-hour work day. This represents as much as a 33% LOSS OF POSSIBLE TIME PER YEAR! This stat is why Billing is a vital component of the matter’s lifecycle. Bryan Cave: DTE, Timebuilder, and Elite Small Firm: Coyote Analytics Large Firm: DTE, Timebuilder, and Elite

9 Collections Collecting on overdue bills.
Collection on overdue bills is a vital component in sustaining business. Collections require a fine-tuned process, which will help protect the relationship. Creative collection methods help facilitate this process. Gentle inquiry s Reminder statements Multiple pay options As mentioned in the previous slide, collection of fees is imperative. Taking the time to develop a finely tuned process will turn a potentially uncomfortable situation into a well-oiled machine. Letting your clients know what to expect when it comes to payments (or past due payments) helps alleviate any confusion. Attorney talking to his client - “Based on the discussed legal work, our Accounting group will be sending out an invoice for $25,000 in the next week or so. Just as a heads up, they’ll typically give you around 3 weeks to pay before they begin sending reminder s. We know remittance can be an easy item to forget, so in addition to mailing a check, we offer a simple online portal to make your payment. If you have any trouble getting logged on, let me know. Thanks!” While this may seem like an obvious exchange, setting the expectations with the client is important. They know how much the bill will be, but now they know that they’ll also begin receiving reminder s – from someone other than you – and they know the options to easily make a payment. This defined process, while still being kept at a cordial tone, will help drive successful collections. Bryan Cave maintains regular processes by again utilizing our Elite billing system. Bryan Cave: Elite Small Firm: Coyote Analytics Large Firm: Elite

10 Matter Conclusion Closing the matter correctly and storing the file.
Take appropriate steps to close and store the physical and electronic file appropriately. Before closing the matter, review and analyze the matter’s financial data, KPI’s and other metrics to help with future pricing of similar matters. Pay attention to retention requirements. Determine lessons learned to better serve clients in the future. The final step is the Conclusion of a Matter, which is much more than sending the final bill and collecting payment. The closing of the matter marks the conclusions of the matter, but the common closing steps… assigning the file number moving the file to storage and then marking the e-file as Closed …are not the only component of closing a matter. Yes, they are imperative steps, which our attorneys complete using LegalKey, but the end of a matter goes beyond this. A very helpful, yet often overlooked, component of a closed matter is the post-mortem…what was learned throughout the matter? This regroup on lessons learned can take place with a variety of different people, each of which may offer different but valuable information: The assisting paralegal – who may have learned from working with the client who really makes the final decisions The Pricing Team – who may have learned that they underestimated the true cost this matter would be to the firm, in turn helping them provide more accurate budget estimates The Document Support team – who may recently their streamlined their document assembly and templating process. The Relationship Attorney – who may have heard from their client what they liked/didn’t like with the final outcome, which provides insight on how they can better meet the client’s needs in the future. All of this post-mortem knowledge will help you and your team better serve your clients the next go around. Bryan Cave: LegalKey Small Firm: Coyote Analytics Large Firm: FileTrail

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