Litigation Support Staffing : The Cowen Group : Ediscovery Recruiters, Candidate Search, Practice Support, Position Placement

We’re instilled with the belief early on that we can accomplish anything as long as we work hard, work long, and work to deadline. However, in this more service-oriented work environment, understanding and incorporating the thought processes of those above you is just as important to the future of your career your own production.

If you are one of our clients or candidates you have heard this from us on an ongoing basis. Relationships are the fuel powering every day transactions. Developing alliances throughout your firm, not just your direct departmental contacts, will provide you the support you need to learn and master the political climate that you’ll navigate. But the most powerful and influential compatriot to have on your side is your boss. By understanding your boss’s point of view, as well as assimilating it into your style, you are signaling to them that you’re ready for advancement. What will come across is that you have the ability to think and strategize beyond your current position.

This is the process of Managing Up.   

Here are some helpful questions you can ask yourself to assist yourself into isolating what exactly is imperative to your boss:

• What details does your boss pay attention to first and foremost?
• What is expected from the people in positions you want to move into?
• What questions do they ask of their direct reports and why?
• What is their leadership style and how do they make decisions?
• By which methods do they prefer to be informed of status updates (email, phone, in-person, etc.)?
• How does your boss’ management style differ from yours? And what can you utilize in your own dealings?

The last query is the most critical. The real test to pass for the promotion you desire is if you are flexible and perceptive enough to adapt to your boss’ needs. What is important here is to remember that it is your job to develop a relationship with your boss, not the other way around, while demonstrating to them that you have the ability to function at a higher level...

…their level!  

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This year’s biggest merger has been between K&L Gates with Kennedy Covington. And now the current buzz surrounds a possible merger between Winston & Strawn and Heller Ehrman. 

The numbers don’t lie. So far there have been 26 new law firm mergers and acquisitions reported in the past three months.   Not to mention the 18 we saw in the first quarter of the year. Compared to last years 27 at this point – 2008 looks to add to that total. 

What does this mean to you and your career? Does this pace of merger activity reduce career opportunities? How does this affect you and your role in an organization?

If history is any indication of what will happen, there should be a consolidation and reduction in staff. 

But this is eDiscovery/Lit Support. The war for talent continues to be fierce…. And I do not see a reduction forthcoming.

There are over 250 open positions for eDiscovery professionals in Corporate, Vendor, and AmLaw 200 Law Firms. 

It’s a buyers market. 

I would hate to be selling a house in this market. But if you have talent and experience in eDiscovery – it’s your kind of market.

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Do you know what I enjoy about conferences? It’s the interaction that occurs. It’s being able to speak face-to-face with other people with a passion for the business. It’s sitting in on sessions presented by thought leaders in the industry. 

I make it routine to attend all the trade conferences to further my understanding of the space and what trends to be aware of. Like last year, The Cowen Group hosted a Pre Legal Tech dinner Wednesday night. I’d like to extend a thank you to all that attended our soiree. The discussion on how to manage, train and retain top talent was very thought provoking.

Today I’ll be attending the practice management track and look forward to hearing George Rudoy, Joy Murao, Jim McKenna and Mary Panneta discuss the hot trends and new directions that practice technology is taking.

With the rate at which the lit support community is expanding, it’s exciting to be sitting in the front row. The increased demand for trained professionals, informed talent and the lack of a homogenous curriculum opens the space for a lot of change and opportunity. It definitely keeps me on the edge of my seat.

If you happen to be here in L.A. for Legal Tech West, please say hello or drop me a line. We can find some time to get a coffee and exchange ideas. If not, I’d love to hear your thoughts on the conference. 

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I highly recommend reading Monica Bay’s article, “Can You Adapt?,” in the June issue Law Technology News.  

I too am seeing more of this new breed of techno/e-discovery lawyer.

Many firms have them in place or are looking to hire or develop them and they are discussed at every conference I attend.

Many people see this growing role of staff attorneys and techno-lawyers in litigation support as a threat or source of irritation.

I don’t.

It’s not us versus them. It’s not a competition for visibility within the firm.

It’s evolution, not revolution.

Paralegal, IT or lawyer - there’s plenty of room for everyone.  

As the profession evolves and litigation support becomes more complex and sophisticated, the techno-lawyer can play a valuable role in practice support leadership. Lawyers understand lawyers.  They understand the internal and external clients being served, the specifics of the case and the strategies and goals to be accomplished.  They understand the WHY of what is needed.

Today’s litigation support departments are like chocolate chip cookies.  There are countless ways to make them, depending on what ingredients you have in the house.  How many chips, how much butter, a preference for crispy or chewy and, dare I say it, nuts?  Each batch is different.

Directors and Managers need to evaluate their needs and internal resources to create strong and diverse teams.  They must determine who has the skills as well as the passion, motivation and intellectual curiosity to step into litigation support roles.  A lawyer may be the perfect fit for your team, depending on:

·        The culture of your firm;

·        The nature of your clients;

·        The depth and complexity of the matter;

·        The maturity of the department;  and

·        The relationships with IT.

I like mine chewy.

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With only 5 full months of 2008 on the books, the list of casualties from the slowing economy is growing.  The Department of Labor released statistics Friday revealing that the legal sector lost 1,100 jobs in the month of May.  These figures, when added to the 1,900 losses from April, indicate a volatile job market.

Despite this sharp reduction in workforce, I continue to see solid growth and demand in e-discovery and litigation support across the AmLaw 200. 

 The Cowen Group conducted a quick poll on Monday of litigation support/e-discovery hiring trends among 20 global law firms.  Our poll revealed the following:

•            65% are aggressively hiring litigation support staff.
•            20% are on plan and will continue to staff.
•            15% are cautious and/or scaling back.

These results are precisely what I saw last year at this time. Indicating healthy hiring activity in the litigation support space despite the sluggish economy.

Although several clients acknowledged a decline in business and case loads, they were quick to point out that the increase in size, scope and complexity of cases were keeping their headcounts high.

Several of the firms polled responded that they were adding services and staff to their litigation support practices this year. 

There’s nothing like the DOJ, SEC, FBI and a sub-prime meltdown to give one a sense of job security. 

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The woes of sub-prime mortgage lenders may prove to be another boon to litigation support.

A new study by Navigant Consulting Inc. offers the most detailed statistical portrait of subprime litigation yet. The Chicago-based firm reports that 448 subprime-related cases had been filed in federal court from January 1, 2007, to March 31, 2008. By comparison, the Resolution Trust Corp., which was created to deal with problems spawned by the savings and loan crisis, handled a total of 559 suits from 1989 to 1995.

Subprime litigation has exploded over the past year, with filings skyrocketing during the first quarter of 2008, according to a recent article in Corporate Counsel. The complex, discovery-intensive nature of subprime litigation suits lends itself to litigation support work.  This spike in subprime mortgage litigation is likely to spark a wave of litigation support activity across the nation as litigation support and e-discovery teams gear up to tackle the subprime lending fallout storm.

Lawwave reports that the subprime crisis is also increasing opportunities for litigation support providers abroad.  Any decrease in the practice of offshoring may fuel the need for talented professionals in the United States, taxing an already-shrinking talent pool.

With over 225 open litigation support positions coast-to-coast, the war for talent at all levels continues. 

What the space desperately needs is training for seasoned para-technicals with the desire and intellectual curiosity to step into a new role - Jr. Litigation Support Analyst.

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Offshoring – the practice of sending legal work to low-wage markets overseas – may have just hit a major roadblock.

According to a recent federal lawsuit, Maryland attorney Joseph A. Hennessey believes he has uncovered a significant flaw in the practice of offshoring:  compromised confidentiality.

The suit alleges that offshoring legal work constitutes a waiver of the attorney-client privilege and Fourth Amendment protection, since data sent overseas may be subject to eavesdropping by the U.S. government, according to a recent article in the Legal Times.

“This waiver of rights would nullify the reasonable expectation of privacy that American citizens — litigating purely domestic disputes in U.S. Courts — would have in the documents that they produce in the course of civil litigation,” the complaint reads.

Some of the nation’s largest law firms and corporations have outsourced legal work, including Arnold & Porter, Howrey, United Technologies Corp., Oracle Corp. and Bayer AG, according to The Washington Times.

A favorable ruling could have significant implications for the future of offshoring, potentially curtailing the outsourcing of legal functions including litigation support.

Many law firms and corporate legal departments rely on cheap foreign labor to perform document review, coding, indexing and other litigation support functions.  Any downward shift in the amount of litigation support/e-discovery work performed abroad will undoubtedly raise the demand for services and talent here in the United States, potentially driving salaries upward yet again as the war for talent reaches an alarming level.

What do you think about the practice of offshoring? Should law firms obtain consent before client data is sent abroad or disclose their use of foreign legal service providers?  Feel free to weigh in.

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Litigation support is stepping beyond the sidelines into the limelight. A growing number of law firms are establishing independent litigation support centers to better serve their clients. 

This shake-up, prompted by client demand and an effort to gain a competitive advantage, has led to an increased recruitment of IT and litigation support personnel.

Many firms, like King & Spalding, Sullivan & Cromwell and Sherman & Sterling have made litigation support offerings a key business strategy. Most recently, Howrey announced its litigation support strategy, with a standalone litigation support center in Virginia and plans to open a center in India.

Packaging and marketing their technology services lets firms diversify the menu of options for clients, reduces client costs and creates a revenue-generating side business for the firm. 

Twenty-five of the AmLaw 200 have litigation support departments of 20 or more; 12 have departments that exceed 30. Like IT services, these departments are not so much law firm profit centers as core competencies that a firm must provide to serve its clients. 

Despite the slowing economy, the demand for litigation support talent will remain hot. The litigation support space will continue to ride the roller coaster of double-digit growth as law firms up their technology staff. Hold on for an exciting ride!

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You don't have to be an expert to know that the economy has hit a serious bump in the road.

Meanwhile, the jitters have spread throughout law firms everywhere. Budgets are being trimmed, headcount is being carefully controlled, and nothing is moving on the fast track.

So what does this all mean for key staffing? The good news is that litigation support hiring remains steady as she goes. Most of my clients are being asked to do more in-house work. This means maintaining current litigation-support staffing levels--or even adding meaningful key team members--is the play of the day.

That's good news in a downward market. What's your firm's power plan? Let me know

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