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

For the past year, The Cowen Group has been surveying the marketplace to determine staffing trends, in light of the tough times law firms, vendors and corporations have gone through.  We have just launched our Q3 survey and have some preliminary “tidbits” to share with you.  The good news for all, is that only a small fraction of our surveyed database plan on reducing staffing the upcoming quarter.  Next Wednesday we will have the comprehensive results of the survey to share with you, including data on work load, outsourcing, etc.

As I look forward, I realize that the data that we have is significant for all, but there are many other issues that concern our industry and we have the opportunity to examine those issues in depth.  I have partnered with Jeanette Slepian , former Sr. VP Sales and Marketing at Fios, to develop a comprehensive survey of our industry which will identify leading trends in not only staffing but spending on related litigation and e-discovery services.  What professional and IT-enabled services will law firms and corporations be investing in?  Will the trend of “vendor consolidation” gain further momentum in 2010?  These and numerous other critical issues will be analyzed in our first annual forecast. Stay tuned for more details.

P.S. Congratulations to Jared Coseglia, our Senior VP, for the first Episode of his Career Corner Podcast posted on ILTA… John Kapp (Shearman & Sterling), Jeannie Larrea-Manzano (Wachtell Lipton) and Brad Schaffel (WilmerHale) share their insight about the exciting evolution of their careers in the litigation support industry. Listen Here

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In my session at ILTA on the future of Litigation Support, I asked how many people were working longer and harder today compared to six months ago. 70% of the group raised their hands.

This show of hands, combined with recent data collected by The Cowen Group, indicates that the Litigation Support industry has hit the bottom of the recession (I can’t speak for the entire legal industry or the economy at large). Most litigation support professionals are working harder and longer for one of two reasons:

1)      Because staff cuts have forced them to do the job of two or more people; or

2)      Because their organization has experienced a net increase in work.

Working long and harder, month after month, is not sustainable. Eventually, litigation support and E-Discovery departments will need to add headcount and expand their ranks. Is this expansion happening yet?

We invite you to participate in our Q3 Staffing Trends Survey which will be distributed next week. In it, we ask the following three questions:

1)      Are you and your team working harder and longer compared to three months ago?

2)      Do you plan to add headcount, reduce headcount or keep staffing levels the same between now and the end of the year?

3)      What is your greatest challenge entering the 4^th quarter of 2009? Technology, Workflow/Process Improvement or People?

The Cowen Group’s Q2 Staffing Report found that nearly 1/3 of surveyed Litigation Support departments in the AmLaw 200 planned on adding staff before the end of 2009. I am looking forward to reporting the most recent data next week.

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I just wanted to write a quick thank you blog to Martha Mazzone, Patrick Oot, David Boyhan, Warren Solow and everyone who participated in our Breakfast Roundtable on Tuesday morning, April 21^st to our discuss Measuring and Evaluating In-House E-Discovery Legal Spend.

Our preliminary Critical Trends Survey on the subject came back with some interesting facts:

• 90% of Corporate E-Discovery managers are not able to track the details of their E-Discovery budget.
• Only 30% of Corporate E-Discovery managers are able to calculate their E-Discovery legal spend budget. For the rest, legal spend is simply a line on their cost sheet.
• While 58% of Corporate E-Discovery managers currently have E-Discovery hosting In-House, another 24% intend on doing so within the next year.
• While 33% of Corporate E-Discovery managers currently have E-Discovery processing In-House, another 31% intend on doing so within the next year.
• More Corporate E-Discovery managers have advanced degrees (65%) than do AmLaw200 E-Discovery managers (18%).

Our next Breakfast Roundtable will be held June 9^th, where we will discuss How to Compare and Contrast Early Case Assessment Tools and Offerings.

If you would like a copy of this report, or if you would like to join the June 9^th dialogue by taking our preliminary survey, email William@CowenGroup.com. 

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The Practice Support Team Lead provides project management and litigation support services to the Litigation department and insures that all projects are handled effectively to meet the demands of the case teams. Responsibilities include organizing the activities of up to three litigation support professionals in providing in-house litigation support to attorneys, legal assistants, and clients with current technology, and to address other automation needs including electronic discovery. This role is responsible for all phases of the litigation support project lifecycle including requirements gathering, project planning, implementation and training. Additional responsibilities include vendor selection and management, staff management, limited financial management. The Team Lead provides substantive technical guidance and training to attorneys, legal assistants, and others throughout all offices. The Team Lead requires an in-depth understanding of the entire litigation support process including document scanning and coding, electronic discovery, database searching and reporting, transcript management, and trial support. The Team Lead must have an expert level knowledge of various litigation support and electronic discovery products including Concordance, IPRO, Relativity, Sanction, CaseMap and LiveNote; must also have an expert-level knowledge of the Microsoft Office suite of productivity applications with a particular focus on Excel, Access and PowerPoint. Experience with any other following is a plus: LAW, Clearwell, RoboCopy, E-Scanit, Discovery-e, Discovery Attender or any similar electronic discovery software application.

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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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You know that old saying “95 percent of life is just showing up”?  Well, I couldn’t disagree more.

When you’re talking about your career, just showing up is not good enough.  You’ve got to be prepared, do your homework and be proactive.

This mandate applies to industry events and conferences as well.  Just showing up is not enough.  You must take active steps to make your conference experience meaningful and productive.

Here are a few tips for making the most of every conference you attend.

1. Develop clear goals.  Never attend a conference without clear goals as to what you want to accomplish, who you want to meet and what you want to learn.  This will help you maximize your time and get the most out of every event.
2. Do your homework before you arrive.  Review the conference agenda and speaker list.  Chose five speakers that you want to meet and research each speaker’s background to determine any common backgrounds or interests you may have.  Based on your research, prepare a short list of talking points or questions to ask. By doing your homework on who you want to meet, you can obtain meaningful and relevant information that will be helpful to you.
3. Greet and thank the speakers.   I’m always amazed at how few people greet the speaker or thank him (or her) after the session.  Talking to the speakers is a great opportunity to exchange ideas with thought leaders in the industry and forge new relationships. Most speakers are thrilled to talk to the audience after their presentation. 
4. Introduce yourself to at least 5 other people daily. I make it my business to meet no less than five people a day at every conference. As you soon as you realize that everyone is as self-conscious as you are, this process becomes easier. Conferences present an excellent opportunity to exchange information and ideas.
5. Take advantage of mealtime.  When you sit down to breakfast, lunch and dinner, introduce yourself to everyone at the table.  Make sure you get one or two business cards per meal.  I’m not talking about networking for networking’s sake or collecting business cards to market a service.  That is so 1980’s.  I’m talking about building relationships with the people around you and taking advantage of the opportunity to engage one-on-one with leaders in the industry. 
6. Listen more than you speak.  This is a concept that my father instilled in me when I was seven and has served me well at conferences.  Listening more than you speak allows you to ask intelligent questions, be genuinely interested and learn from the speaker.

Leverage each conference and industry event so that you are getting more than just a quick education on the latest tips, tricks and tools of the trade. Use these as platforms to drive your personal and professional development to a new level. I guarantee that once you start reframing these events as career advancement opportunities, you will not regret it.

I’ll be attending the Georgetown E-Discovery Institute Conference on November 19-21.  Feel free to stop me and introduce yourself. 

 

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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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 The Atlanta Office of an international law firm with 30 locations throughout the world seeks a Practice Support Project Manager who will serve as the central point of contact for case teams regarding the use of technology as it relates to the discovery process.  This position requires the ability to oversee the practical and logistical aspects of large litigation matters.  The ideal candidate will have a thorough working knowledge of these processes including a strong understanding of the use of technology to support litigation efforts, and must have demonstrated the ability to supervise others, including third party vendors, in a team environment.  Primary responsibilities include the design, implementation, and maintenance of litigation support databases, image retrieval systems, and other litigation support programs. 

The Practice Support Project Manager will advise on litigation review applications; the retrieval, review and production of discovery materials; and the development of project work flow strategies, project budgets, and e-discovery work plans that are consistent with the Firm's policies and procedures. 

Education/Experience Requirements:

Successful candidates must possess: a BA/BS degree; a minimum of five years of managerial level litigation support experience (law firm preferred); experience with the following applications:  ASPs, Summation, IPRO, Access, LiveNote, RealTime, and trial presentation software; excellent organizational, interpersonal and communication (oral and written) skills; aptitude to efficiently manage multiple projects under tight deadlines; ability to work in a productive team environment; availability to travel, as necessary; and strong experience with electronic discovery practices and third party hosted solutions.

This company is an international law firm with 30 locations in centers of business and finance throughout the world. With more than 2,300 lawyers, including more than 400 in Europe and 200 in Asia, it ranks among the world's largest law firms. The Atlanta office is among the leading law firms in Atlanta.  With over 140 lawyers, the Atlanta office is a full service office to clients throughout the Southeast and elsewhere.

Lawyers in this Office advise clients on the full range of issues relevant to leading corporations. We provide a complete range of legal services, from our leading Mergers & Acquisitions Practice to our award-winning litigation services. In addition, the Atlanta Office has extensive capabilities in corporate governance, intellectual property, capital markets, and tax law. These are complemented by industry-specific knowledge of manufacturing, media, technology, financial services, real estate, consumer products, retail, and telecommunications.

 

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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Currently seeking a Practice Support Analyst. This position is responsible for promoting the effective use of Practice Support applications by providing user support and technical assistance with designing, developing, implementing and maintaining databases in the various imaging and database retrieval packages currently issued by the Firm. This is a non-exempt position and reports to the Practice Services Manager. Work hours are Monday through Friday, 9:00 a.m. to 5:30 p.m.; must be flexible to work overtime when needed.

Responsibilities include, but not limited to:

• Assisting with performing all database administrative functions associated with the implementation of iConect and LiveNote, such as creating databases and assigning user accounts;
• Assisting legal teams with litigation document management;
• Designing and maintaining customized Concordance databases and linking same to Opticon;
• Providing on-going technical support and training to all legal team members using practice support applications; and
• Assisting legal teams with preparation of courtrooms for electronic trial preparations, and gathering, processing and production of electronic data and documents (therefore, strong Electronic Discovery experience is preferred.)

Bachelor's Degree preferred. A minimum of three to five years of practice support experience required. Course work in computer science or related field, or experience in Practice Support with Paralegal background preferred. Must be able to travel.

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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Litigation Support Specialist - Boston, MA

The Litigation Support Specialist is responsible for helping to implement technology solutions devised by the Litigation Support Department for the firm’s attorneys and their clients. Many of these responsibilities involve routine, manual processes that must be performed in order to keep systems operating efficiently and client relationships running smoothly. Some of these responsibilities are freestanding and assigned, and work thereon is performed independently. Other responsibilities are in support of the Project Coordinators in their activities. The Litigation Support Specialist works with the core applications supported by the department and may also participate in portions of the custom software development process.

• Monitors systems for tracking Help Desk calls, resolving calls when possible, re-directing challenging issues to specialized persons within the department, tracking problems to ensure a timely resolution, and assisting in the transfer of information and responsibilities to the IT Help Desk.
• Provides routine assistance to Project Coordinators in meeting project deadlines (e.g., facilitating communications, copying or creating CD’s and DVD’s, transferring data files, packaging project materials, arranging equipment for off-site trials).
• Loads database and image information into litigation support packages; creates and processes specialized indices as needed.
• Converts data between various file formats, assists in data cleansing exercises, and creates appropriate file directory structures for the management of data.
• Organizes and prints documents from litigation support databases and other electronic media and assists in creating electronic document productions.
• Participates in software testing processes (whether of custom software or vendor upgrades), including helping to solicit, manage and track participation by personnel outside the department.
• Performs vendor research and assists in managing outsourced projects, vendor communications and billings.
• Assists in the drafting and preparation of software training materials and projects and departmental documentation.
• Performs software installations and upgrades.
• Assists in preparation of specialized CD projects
• Assists in training activities, providing some basic training when appropriate.
• Sets up matters, manages users and loads information into core applications, including extranets systems.
• Interacts with IT and other departments in resolving routine matters.
• Helps maintain department files and software license records.
• Maintains department library.
• Contributes to the firm's ServiceMatters initiative to consistently improve its image internally and externally.Displays professionalism, quality service and a "can do" attitude to internal members/departments of the firm as well as external clients and vendors via electronic and print correspondence, over the telephone and in-person.

Requirements:

• Possess a strong client-service orientation and be responsive to client needs.
• Exhibit familiarity with and a working understanding of the core technologies and tools supported by the department.
• Familiar with and demonstrates a strong aptitude for technology. Specific technologies with which special ability is important include litigation support tools (e.g., Concordance, Introspect, LiveNote); intranets and extranets, imaging, and database applications.
• Ability to manage multiple projects at a time and work well under deadlines in a well-organized manner.
• Ability to perform assigned responsibilities with minimum supervision and is able to receive and act upon instructions from more senior members of project teams.
• Attentive to detail and capable of filing project materials in an orderly and timely fashion.
• Possess a working knowledge of tracking time as a timekeeper, allocating it appropriately to client and departmental matters.

Education:

• Four-year degree or a two-year degree preferred. At least two years of technical experience in a professional environment. Technical certifications desired.

Experience:

• 1+ years of prior experience in a Law Firm or Vendor environment preferred.

Hours for this position are:
4pm-12am Mon-Thurs and Sun 9am-5pm or 4pm-12am Tues-Fri and Sat 9am-5pm

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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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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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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The number of people employed in Litigation Support has grown 400% in the past year, and the demand for talent continues to accelerate, both in number and in professional quality. So you can’t sit back and complain that no one is training you. You must be an active participant in the development of your department -- and your career.

Where once titles and salaries were handed to people simply because they could understand the evolving technologies, now seismic shifts in the needs of major firms have raised requirements. Premium new hires now must understand technology methodology too. The tectonic movement to fill higher level positions is producing demand for staffers that have a firm grasp of the process-- the "What, How & Why" behind E-discovery and Litigation Support.

This is where you can separate yourself from the throngs of new analysts, specialists, and project managers flooding the Litigation Support space. Understand the process, and you'll be sitting in the driver's seat of your career, with the keys to your success in hand.

Here, for example, is an article on how to limit the scope of discovery. This is the kind of outside information that you can pass on to the attorneys above you, even though initially they may resist you. If you are able to draw connections between that article and the attorneys' cases at hand -- ie, between what you can offer in Litigation Support, and its specific benefit to their cases -- you will prove yourself to be "mission-critical" to the success of those cases, to client billing and, ultimately, to the firm.

So be proactive about the process. Develop and nurture lines of communication among all departments that rely on Litigation Support.

When gray areas arise, ask questions. Keep up on industry developments outside of your office. Develop your own knowledge base and your professional credibility, and take a leadership role. Get in the driver's seat. Because the "What, How & Why" are the Keys to your Success!

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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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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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