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

Good news…Despite the recent decline in the banking, brokerage, and financial community the legal staffing realm continues to grow! As a result, The Cowen Group is pleased to share with you our latest announcement:

THE COWEN GROUP LAUNCHES LEGAL TECHNOLOGY DIVISION  

Search firm expands beyond litigation support recruiting and staffing to fulfill increased demand for top talent in legal technology 

NEW YORK – September 17, 2008 – The Cowen Group (www.cowengroup.com), a New York-based recruiting and staffing firm specializing in litigation support and e-discovery, today announces the expansion of services to include placement of top talent in legal technology positions. The Cowen Group helps human resource departments with staffing needs for CIO, director of information technology, system engineers, software developers and analysts.

Despite a slowing economy, The Cowen Group Salary Survey shows the demand for legal technology, litigation support and e-discovery resources required to operate successful law firms and corporate legal IT departments continues to rise.

As law firms and corporate legal departments become more technically sophisticated, there is a growing need for technical experts that understand how to analyze, develop, deploy and administer new systems and protocols that not only fit the organization’s culture, but are compliant with regulatory agency requirements. Historical cases such as Morgan Stanley or Zubulake and federal regulation such as SOX and the newly amended FRCP have made every attorney take a second look at their in-house technology and protocol. History proves that not abiding by these rules and regulations sets an organization up for heavy sanctions or possibly an organization’s dreadful demise.

“In this global economy our clients require a strategic partner who can provide expertise in identifying and matching the best human resources with the best organization,” stated David Cowen, founder and president of The Cowen Group.  “We have created an extensive network of talented legal technology professionals and provide valuable market intelligence for many of our clients. We are now seizing upon our vision to remain as the leader in market insight and talent placement and look forward to helping our clients expand and grow every way possible.”

More information on The Cowen Group can be found at www.cowengroup.com. 

About The Cowen Group

The Cowen Group (www.cowengroup.com) was founded in 2004 and is a New York-based search firm specializing in the placement of experienced professionals in all areas of the legal technology industry, including e-discovery, litigation support, practice management, IT and computer forensics across the United States and Europe. 

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An exciting opportunity for a Litigation Support Analyst in Philadelphia. The primary responsibility of this position is to provide project management in supporting the attorneys and paraprofessionals in the use of litigation support technologies and best practices to deliver the highest quality client services.  Direct and assist on larger litigation projects.  This position will be responsible for providing senior level consultative services internally at this firm.

ESSENTIAL FUNCTIONS:

• Consult and educate case teams on defensible best practices pertaining to the management of electronic evidence (including identification, preservation, collection, processing, and review (linear & conceptual analytics throughout Discovery).
• Serve as single point of contact to attorneys and paraprofessionals in the use of litigation support tools throughout the litigation life cycle.
• Meet with case teams to determine the complexity and scope of each project.
• Determine the necessary resources needed (software, hardware, alternative workspace, vendors, etc.).
• Develop recommendations, cost estimates, budgets, procedures, vendor recommendations and specifications for scanning, coding or e-discovery processing.
• Manage expectations and develop general timeline for meeting project goals.
• Participate in vendor project design meetings with litigation team leads.
• Prepare required project documentation to include database design specifications, vendor processing, delivery specifications and metrics reporting.
• Write Requests for Proposals (RFPs) to vendors, analyze resulting proposals and make appropriate recommendations to the case teams.
• Manage vendors to assure that high quality work product deliverables and services are provided within the negotiated schedules and budgets.
• Oversee, coordinate and track project progress and workflow.
• Define and manage custom solutions for specialized project needs.
• Proactively apply quality management techniques to ensure client satisfaction.
• Maintain project files and documentation.
• Review and approve vendor invoices.
• Provide feedback for meet and confer conferences to our attorneys, and participate as needed.
• Provide or coordinate with outside vendor the adequate training to case teams on the proper use of Litigation Support applications.
• Provide backup support to Litigation Support Analysts in the creation and maintenance of document and transcript databases in Concordance, Summation, Microsoft Access, iConect, Introspect, Livenote and like litigation support applications. 
• Use the company’s preferred vendor listing of equipment rental and litigation support service vendors. 
• Stay current on litigation support and courtroom presentation tools and technologies. 
• Become certified in one of the primary litigation support categories or database technologies (e.g., eDiscovery, Summation, Concordance).
• Serve as the point person in resolving issues relating to the supported litigation support tools. 
• Provide training in classroom settings, with litigation teams and one on one, in the use of litigation support tools.
• Provide feedback to enhance department best practices and procedures.
• Provide regular status reports to attorneys and Manager.
• Provide feedback in preparing annual performance evaluations for the Litigation Support Analysts.
• Monitor and document performance problems and assist with metric reporting.
• Assist management with department hiring process and provide new hire orientations.
• Charge all billable time to appropriate client matters.  A minimum of 1200 billable hours are required per year.

JOB REQUIREMENTS:

• College degree in relevant field of study or system-related technical certification required.
• Administrative experience with one or more of the following applications: Concordance, LiveNote, Summation, Microsoft Access, CaseMap, Adobe Acrobat, IPRO, Opticon, (or other similar viewer), iConect, Introspect, and Trial Director.  Experience with courtroom presentation tools is a plus.  One to two years of law firm experience.
• Ability to work effectively with others under short deadlines in high pressure situations. 
• Ability to exercise independent judgment within broad parameters as determined by the attorneys managing the cases. 
• Ability to coordinate resources to meet competing demands. 
• Ability to interact with vendors. 
• Strong oral and written communications skills.
• Posses the ability to act and work independently, be able to handle interruptions, and manage multiple tasks and deadlines. 
• An ability to understand and follow specific and detailed instructions. 
• Must display a professional manner with attorneys, paraprofessionals and other staff members. 
• Working knowledge of personal computers and the Microsoft Office suite.
•  Familiarity with Citrix and network operating systems a plus.

For immediate consideration, please send your resume to Jared Coseglia at jared@cowengroup.com For more information on how to grow your career in Litigation Support/eDiscovery visit www.cowengroup.com

 

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We are pleased to announce the publication of The Cowen Group 2008 Salary Survey and our partnership with Litigation Support Today Magazine:

FOR IMMEDIATE RELEASE

THE COWEN GROUP AND LITIGATION SUPPORT TODAY BRING IMPORTANT SALARY SURVEY INFORMATION TO THE LEGAL TECHNOLOGY MARKET

Industry-leading publication and placement firm bring much-anticipated and timely information to litigation support professionals

NEW YORK – August 6th, 2008 – The Cowen Group (www.cowengroup.com), a leading search firm specializing in the legal technology market, and Litigation Support Today, a magazine for the litigation support professional, today announces they will be working together to bring The Cowen Group Salary Survey to the legal community at large. 

The Cowen Group Salary Survey was developed by The Cowen Group by researching top law firms, corporations and vendors in the legal space for their annual survey. Until now, this coveted information has only been available to select professional clients and associates. Litigation Support Today will be publishing the results of the survey, by region, throughout the year, beginning with the East Coast which will appear in the August/September 2008 issue. A full report will be distributed at the beginning of 2009 that will contain all the salary data, comprehensive job descriptions and industry growth trends. 

“This definitive and impartial survey by The Cowen Group sets the benchmark for litigation support professionals seeking to grow in their careers,” stated Albert J. Buckwalter, editor-in-chief of Litigation Support Today. “We are pleased to be collaborating with The Cowen Group in bringing this highly useful survey information to our readers and the industry at large.”

“We are thrilled to be working with Litigation Support Today. They are a very well-respected media organization within the litigation support community and together we aim to extend our reach in getting the word out to key people in the industry at large,” stated David Cowen, founder and president of The Cowen Group. “The industry is changing rapidly and we hope this survey provides vital information to allow litigation support professionals to adequately plan and track their career growth and for managers to hire and retain the right people for their needs.”

More information on The Cowen Group Salary Survey can be found at www.cowengroup.com. 

About The Cowen Group

The Cowen Group (www.cowengroup.com) was founded in 2004 and is a New York-based search firm specializing in the placement of experienced professionals in all areas of the legal technology industry, including e-discovery, litigation support, practice management, and computer forensics across the United States and Europe. 

About Litigation Support Today

Litigation Support Today (www.litigationsupporttoday.com) is published by Conexion International Media, Inc. a division of Conexion International LTD, Inc.  (http://conexioninternationalltd.com) a private international consortium that specializes in the development of print and electronic media for niche markets in North America, South America and Asia-Pacific. Litigation Support Today is issued quarterly, with controlled circulation to qualified litigation & practice support directors, managers, specialists, analysts, courtroom technology specialists, legal assistants/paralegals heavily engaged in litigation support activities, and other legal support staff.

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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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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.

What are your thoughts?

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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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Between top tier lawyers and critical litigation support technology, the cognitive disconnect is narrowing, slowly but surely. That's partly because, says one insider, "it's getting to the point where the failure to use litigation support is arguably malpractice." But where resistance to technology persists, the problems are the same as they ever were.

In a now-famous "Monicalogue", LTN editor-in-chief and The Common Scold blogmaster Monica Bay nails the Fear Factor that inhibits decision-makers at every level, from solo practioners to the most elite firms. Fear of costs, lost billable hours, obsolescent investments; fear of outsourcing variables, loss of content control, lack of training -- and just plain fear of new-fangled goo-gaws.

But here's what I've discovered, over years of cultivating and launching real-world careers in litigation support: In the real world, time and time again process trumps product. In lawyer-client relationships, the process is the product. And the process has not changed.

No matter how critical the latest information technology may be, it will never get the job done all by itself. Technology is just the gateway through which talented people pass, toward successful forensics and e-data management. The inescapable fact is that effectively integrated legal technology can improve productivity, accuracy, client service and profits, and is already a best practice imperative. But without the lawyer-client process, any legal technology is just another product. And -- here's the good news -- process is what lawyers do best.

So if you're a litigation support professional, your job will rely increasingly upon your ability to use bleeding edge legal tech products to facilitate old-fashioned interpersonal process. Your toolbag will have to include a full set of tried-and-true people skills, and the leadership initiative to manage in all directions, and spark collaborative process, toward effective application of mission-critical technology products.

And if you're a tech-shy litigator, the only thing you have to fear is... well... the Fear Factor itself!

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Did you know that China is a hot-bed of stem cell research—and trademark infringement? What about the continent-wide use of generations-old coal burning energy plants—and the massive personal tort and toxic emissions global litigation that will follow? Business is booming in China, so lawyers are lining up for language lessons in Cantonese and Mandarin.

As a litigation support professional, why do you care? Because demand for expert litigation support is about to exceed supply--again. Skadden, Cravath, Davis Polk, Baker Botts, Sherman & Sterling—all have a deep presence in China already, with more footprints and acquisitions to come. Did I mention the explosion of IPOs and deals being done in China? Latham & Watkins, and Vinson & Elkins account for no less than nine already. Demand for expert litigation support in China will only continue its phenomenal rise, exceeding supply and—if I remember my Econ. 101—driving prices up and up for litigation support professionals like you.

What's more, increased demand will offer you more options than ever, and meaningful choices in your career. In this climate you can choose to work in-house or to consult; you can continue to work for your AmLaw 200 firm—at its footprint in China or the Pacific Rim. You may plant yourself in one of numerous Fortune 1000 companies already there; rack up frequent flyer miles as a consultant with KPMG, E & Y, or Deloitte; or replenish your miles working for any one of the rapidly proliferating in-country consulting firms and legal software vendors.

New Hot Spots China and Pacific Rim Offer Unprecedented Opportunity
China and the Pacific Rim will be the undisputed Hot Spots of 2007-2008. Business and financial periodicals—from the Wall Street Journal and Financial Times to Business Week to The New York Times—report a daily tally of 30 openings more than there are lawyers to fill them. The same will be true of litigation support positions many times over and global firms are already painfully aware that indigenous supply can't meet this demand.

So firms will have to dip into the global talent pool. And for those litigation support pro's who can think out of the box—and beyond the shores—these are prime conditions. Conditions that will continue to drive demand for talent, keep upward pressure on salaries, and offer unprecedented career opportunity and control.

Can you say "dot-pst files" in Mandarin?

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There has been a growing debate amongst major law firms, vendors, and Fortune 500 companies on whether or not they should be grooming their IT professionals or paralegals into shiny new Litigation Support staff.

Both approaches have pros and cons. This week two guest writers will outline their thoughts and ideas on which is best. On Friday, I will share my thoughts given what I see on the market as a whole.

The IT Department - Litigation Support's latest recruiting ground.
By Mark Lieb

© 2006 Ad Litem Consulting, Inc.

Is a legal background a prerequisite to providing top level litigation support? Can a firm hire an IT person and teach them to provide world class litigation support? These are questions facing most firms today. As the need for litigation support professionals becomes greater, firms with existing Litigation Support Departments are looking at both the paralegal and IT markets to find that next hire. For a field that becomes more technical daily, the selection of a technically trained professional is an obvious choice.

The marketplace has plenty of network engineers and programmers. One can "borrow" from the firm's own IT Department, but then that leaves another position open. Concurrently, colleges are graduating new technicians all the time. Fresh to market, their salary expectations can be quite reasonable.

Until recently an IT position did pay more than a Litigation Support job. There was also a greater chance for advancement. This seems to be changing as supply-demand economics and larger departments raise prices and job titles. At the top are those persons with the most experience who manage the department and consult with the legal teams. Below them are the "operations" folk, who primarily load data and create cds. The introduction of electronic discovery has forced the Litigation Support role to become technical. Photocopies were easy to manage by comparison. A paralegal could work on a case and contract for legal copying. Today, Litigation Support is a full time occupation responsible for a suite of software tools, monitoring server capacity, network utilization and other technical factors. This is in addition to working on projects specific to any client matter.

Litigation Support is also responsible for managing copious amounts of data, images and associated files. Remote access, storage, backup and disaster recovery are very real concerns for the Litigation Support Department. Tools, like Dataflight's FYI Server, provide an accounting of storage, bandwidth and other, traditionally, IT concerns. A person with a technical background will feel very comfortable representing the Litigation Department's best interests when addressing these types of concerns with the IT Department and outside vendors. But, will that same person be as confident when handling litigation case issues?

The transition from IT to Lit Support worked for me and for IT people I have coached into the marketplace. One can come from a tech background and succeed in this role. In fact, a formally trained technician may be the best person to recognize tech strategies which result in quicker review and lower vendor bills. Forensics may be new to many litigators and paralegals, but the technology is old news for IT professionals. The same is true for much of the technology just now entering the litigation software marketplace. Technicians are problem solvers who handle high pressure and short turnaround times in order to support every department, application and office for their company. They should be able to support the Litigation Department and a limited suite of applications.

The question before law firms today is whether to train someone who has an advanced technology education but a novice understanding of case lifecycle and the law to provide litigation support. The answer depends upon what type of support this person will provide. If the person is modifying load files, administrating user logins, burning images and converting ediscovery into databases, a technical background is advantageous. The new hire will learn about the case lifecycle and what is important during department and case team meetings. They can attend webinars and read books, like Litigation Support Department. As this person becomes more familiar with how technology compliments the case lifecycle, they will know enough to provide consulting to the legal team. While legal strategies change from one matter to another, the case lifecycle remains consistent. Collect, review, produce, depose, trial, rinse and repeat as necessary. Once learned, the litigation support professional can provide consultative, in addition to technical effort to
the case. This person will never file a motion, read a document or depose a witness. Their concerns and value lie elsewhere.

Some law firms have each litigation support person provide both the project management and technical work for their assigned cases. For these firms, the prospect of hiring a case lifecycle novice poses operational and organizational challenges. I contend that such a firm could benefit from transferring technical work away from existing Litigation Support staff. Senior persons are able to concentrate upon advanced issues, such as qualifying vendors, project management and consulting with the legal team, while the novice recruit learns to do everything else. Some firms have already hired full time electronic discovery technicians in an effort to save cost by moving services inside to the firm. As each technician has a time entry number, the next question is whether there are at least 1,000 billable hours a year of work, so they can pay for themselves.
Regardless of where the new hire comes from, the future of the Litigation Support professional is very bright. This individual is in a position to evaluate the litigation technology and support at the law firm and improve it. Within the law firms, this position can be one route to management. Within litigious industries where corporations face tremendous ediscovery costs, this position may also find a friendly home.

ABOUT THE AUTHOR: Mark R. Lieb is the President of Ad Litem Consulting and author of the books, Litigation Support Department and Litigation Support Technical Standards. Mr. Lieb has provided Litigation Support to legal teams for cases ranging from small collections to multinational, multi-firm litigation, involving millions of pages of ediscovery. He currently consults with firms, law departments, service bureaus and software companies on litigation technology best practices. If you would like to learn more about using technology in litigation, please feel free to visit Ad Litem Consulting, www.AdLitem.com, or call (866) 477-4523.

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Ok, so now you've got your fast car, and you're in the driver's seat, and you're way out in front where you belong -- but who's riding with you?

You gotta have the right guys riding shotgun when your competition is chasing you. Nowadays that means litigation support. And not just the technology, but the talent that goes with it -- i.e., the people who know how to make legal technology work for you in complex litigation matters, when your competition is gaining on you. Because it's NOT about the technology. It's about your PEOPLE. The people who keep you covered.

Smaller and smaller corporations and law firms are becoming more and more competitive as technology becomes more and more ubiquitous. Which means your competition will soon be chasing your clients, if they aren't already. These days a fully staffed, fully outfitted litigation support department is just the cost of keeping business.

What's more, firms are focusing more and more on driving revenue -- not counting paper clips -- because you can only cut so much cost, in the new-new cyber-tech workplace. But new clients just want litigation support that can get the job done, whether in-house or bundled with outside counsel. So you better have the tools AND the people -- or those guys gaining on you now will soon be stealing your market share too.

But here's the thing: When you build the right litigation technology capability, AND hire the right litigation support professionals to implement that technology, you'll be ensuring customer return, AND bringing in new business -- because you'll be the firm getting the job done for your clients.

That's litigation support -- riding shotgun, so you can stay out in front, where you belong.

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Amazingly enough, and against all odds, lawyers are learning to embrace new technology! The evidence was on plain display last week in New York, at LegalTech 2006, where senior partners turned out in greater numbers than ever before.

There was a time, not so long ago, when it made sense to busy partners to pick a tech vendor and an IT manager and be done with it. But EDD is now high-stakes best practise in complex litigation, instead of new-fangled IT convenience. At the same time, clients large and small are demanding reliable integrated technology to match both budget and systems. So technology competencies are fast becoming a key factor in a law firm's own marketing -- not only to attract new clients, but to attract and retain top tier new hires. Now law firms are not only putting up with new tech but getting good at it.

Litigation support managers in top law firms and Fortune 500 legal departments are not shy about shopping around for the most effective systems. Technology providers, meanwhile, understand that they supply an increasingly knowledgeable technology consumer. So competition among vendors is also heating up, and we're seeing a swell of skills development opportunities sponsored by vendors themselves, who realize that an informed consumer is their best customer.

The trend is already strong in newer, nimbler boutique firms, staffed by tech-savvy recent law school graduates. And bar associations, law firms and CLE providers are beginning to serve practicing lawyers with training in the key elements of meta-data and EDD.

New tricks? No problem! Litigation support has never been more competitive than it is right now. Nor has it ever had more respect.

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Heard this one? Guy goes up for Supreme Court Justice. Opposing political operatives pass disparaging e-memos. Major national political party gets wise a little late and smartly scrubs the discoverable data. Whew. Close one. But what's this? Oh No! BUSTED by the META data in the Word.doc.

It was bloggers who got the meta-goods. Think maybe there's a change a-comin'? It looks like US Supreme Court nominee Samuel A. Alito, Jr. will do fine (no bets on the DNC). But the data snafu is not unique. Lots of lawyers are mondo-surprised by the foremost threat facing lawyers today -- metadata -- made more acute by ethical and professional requirements regarding client confidences.

The main peril is twofold: inadvertent disclosure of 1) attorney communications with adversarial third parties, and 2) clients' underlying communications and documents in the course of litigation. But they share a common source. METADATA. Metadata contained in documents provided during otherwise ordinary e-discovery can accidentally expose confidential information, and destroy the attorney-client relationship -- nevermind cases, careers, even the firm itself.

Metadata is "data about data". It's information about the formatting, the history, the tracking and management of any electronic document. Metadata can spill all the beans about how, when and by whom the data was collected, created, accessed, or modified. Metadata can be modified, inadvertently (which is aggravating) or intentionally (which can be criminal). Metadata is meant to be invisible in the final printed document. But it can be extracted when native files are converted to image files, like the universally preferred PDF files so routinely used for printing out. State Bar Opinion Lawyers must become aware of metadata and of how their software stores it, in order to properly safeguard their clients' confidences.

God forbid a lawyer should transmit a document by e-mail to someone other than the client, without realizing the recipient is able to view prior edits or comments that qualify as privileged attorney-client communication. Wherever such communications could jeopardize client confidences, the lawyer must exercise "reasonable care" to protect the client's information, because that responsibility still lies squarely with the lawyer.

That's one thing that has definitively NOT changed. ediscovery The explosion of electronic data discovery, or EDD, additional changes to federal rules of disclosure proposed for 2006, and inexorably evolving technology -- all combine to make data in general -- and metadata in particular -- some of the most perilous and costly aspects of litigation.

It has never been more crucial to find the right people to meet increasingly tech-savvy demands of litigation support .

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