Defining Project Management for e-Discovery Success

The practice of project management in e-discovery has traditionally been loosely defined, with significant variation in the application of the fundamentals and the people performing these services. In some cases, the individual taking a project management role on a case is an attorney or paralegal, while in others it's the e-discovery services provider's account manager. Some project managers come from IT or document management roles. Within any given case, multiple “project managers” may work together, each applying their own set of practices and procedures.

Creating Consistency

When it comes to e-discovery, consistency is what leads to success. With many different organizations involved throughout the standard e-discovery reference model (“EDRM”) lifecycle, it isn't uncommon to have numerous people taking on project management roles. And, in many situations, the individuals taking on project management tasks attempt to add those tasks to their standard daily responsibilities. With so many stakeholders involved, designating a professional project manager to manage the e-discovery process can streamline this process and deliver the consistency required across multiple projects.

The Role of Professional Project Managers

Professional project managers are dedicated to managing projects. This is their career and what they have been trained to do. They spend their days and nights focused on the competing demands of scope, budget, timelines, quality, resources and risk. The number one priority of a professional project manager is always the success of the project, allowing him or her to focus on the project without being subject to counterproductive outside influences. While any project will include a number of stakeholders and subject matter experts, it is imperative that a single project manager be designated to manage the five following e-discovery processes:

1. Initiating the project. A project manager's work begins when designated by an executive sponsor to manage an e-discovery project. Along with this designation, the project manager must be given clear authority to manage the project throughout to completion.

   a. Complete statement of work (“SOW”);
   b. Stakeholders and resources;
   c. High-level project schedule with key milestones;
   d. Strategies for data culling and document review; and
   e. Potential risk areas.

2. Planning. This phase begins with understanding project objectives, confirming project initiation and initial project scope, and developing a high-level schedule that supports on-time delivery. For e-discovery projects, it's important to clearly identify and define the following elements:

   a. Holding a client kick-off meeting to establish project fundamentals;
   b. Confirming communication points and protocols;
   c. Scheduling and holding detailed requirements meetings;
   d. Refining the project schedule with key milestones; and
   e. Discussing approaches for training, processing, review strategy and production.

3. Executing. The execution phase is characterized by further sharpening the planned approach, including defining detailed requirements, developing appropriate communication plans and scheduling next steps, such as arranging for reviewer training. This phase should include the following elements:
4. Controlling and monitoring. During this stage, the work is executed and the project manager is responsible for providing performance and status reports, and controlling scope, timelines, cost, risk, and quality, continually verifying that all results meet project requirement specifications.
5. Closing. All projects, including those related to litigation, must come to an end. A number of tasks should be completed during the closing stage of any project. Failure to complete these tasks will mean that an important benefit offered by comprehensive project management is lost, especially when similar projects may arise in the future. It is during this stage when documentation, reports and results are analyzed and finalized. This work should be made available for future projects in order to provide additional efficiencies and to avoid reinventing the proverbial wheel. Lessons learned are a key component of this closing-stage “knowledge capture” and should be shared with all individuals who are involved or may be involved in similar future projects.

Project Management Qualifications

Professional project management support should be viewed as a necessary component of any e-discovery project. The project manager selected should have direct access to all stakeholders and resources. The project manager should also have the credentials and experience necessary for successful completion of an e-discovery project. Whether the person resides inside the corporation, inside the law firm or with the e-discovery service provider, it is important to assess the qualifications of a proposed project manager prior to beginning work. Following are indicators that can be applied to determine potential qualifications and fit:

• Degrees, certifications and other professional qualifications. Formal project management education is a key component in any successful project manager. There are currently a number of degree and certification programs, including the Project Management Institute's Project Management Professional certification. As long as a reputable education program is chosen, project management fundamentals are generally consistent across different programs and can be applied to the e-discovery and litigation support industry. It is important to emphasize that project management is a specific career path and not just a set of responsibilities to be added to any team member's plate.
• Previous e-discovery and litigation experience. In general, project management fundamentals can consistently be applied across a wide range of projects. Litigation, however, is an inherently stressful process with project failures that can, in some cases, result in legal sanctions. As the e-discovery industry is constantly evolving, so are the skills of the people delivering the services. Five years ago, e-discovery project managers couldn't have provided the services that they can today. More experience through multiple projects has provided project managers in the industry the ability to provide guidance and expertise on new matters with tested, proven project management frameworks that can be applied to every matter.
• Number of projects managed at any given time. Depending on the size and scope of e-discovery projects, project managers can often manage multiple matters at any one time. With proper planning and allocation of resources, the effectiveness of services provided by a project manager does not necessarily decrease with an increased caseload. There is a limit, however.
• Flexibility. As all litigation or regulatory demands are unique, e-discovery project managers must remain flexible in the application of project management principles. It is in this area where traditional IT project management principles and litigation requirements seem to butt heads most often. Many formal project management ideals stem from software development and management cycles with lower levels of variance. Even project managers with experience in alternative project management approaches have a hard time applying the processes to litigation needs due to scalability requirements. An individual with a background in the legal industry understands the variances from matter to matter and can be more flexible in the management of the issues that often arise. One of the main benefits of professional project managers is their application of standard fundamentals regardless of project variances. New processes and tools cannot be developed for every matter. An effective project manager will assess the tools available (fundamentals, experience, training, resources) and be flexible in the application of those common tools.

The practice of project management in e-discovery has traditionally been loosely defined, with significant variation in the application of the fundamentals and the people performing these services. In some cases, the individual taking a project management role on a case is an attorney or paralegal, while in others it's the e-discovery services provider's account manager. Some project managers come from IT or document management roles. Within any given case, multiple “project managers” may work together, each applying their own set of practices and procedures.

Creating Consistency

When it comes to e-discovery, consistency is what leads to success. With many different organizations involved throughout the standard e-discovery reference model (“EDRM”) lifecycle, it isn't uncommon to have numerous people taking on project management roles. And, in many situations, the individuals taking on project management tasks attempt to add those tasks to their standard daily responsibilities. With so many stakeholders involved, designating a professional project manager to manage the e-discovery process can streamline this process and deliver the consistency required across multiple projects.

The Role of Professional Project Managers

Professional project managers are dedicated to managing projects. This is their career and what they have been trained to do. They spend their days and nights focused on the competing demands of scope, budget, timelines, quality, resources and risk. The number one priority of a professional project manager is always the success of the project, allowing him or her to focus on the project without being subject to counterproductive outside influences. While any project will include a number of stakeholders and subject matter experts, it is imperative that a single project manager be designated to manage the five following e-discovery processes:

1. Initiating the project. A project manager's work begins when designated by an executive sponsor to manage an e-discovery project. Along with this designation, the project manager must be given clear authority to manage the project throughout to completion.

   a. Complete statement of work (“SOW”);
   b. Stakeholders and resources;
   c. High-level project schedule with key milestones;
   d. Strategies for data culling and document review; and
   e. Potential risk areas.

2. Planning. This phase begins with understanding project objectives, confirming project initiation and initial project scope, and developing a high-level schedule that supports on-time delivery. For e-discovery projects, it's important to clearly identify and define the following elements:

   a. Holding a client kick-off meeting to establish project fundamentals;
   b. Confirming communication points and protocols;
   c. Scheduling and holding detailed requirements meetings;
   d. Refining the project schedule with key milestones; and
   e. Discussing approaches for training, processing, review strategy and production.

3. Executing. The execution phase is characterized by further sharpening the planned approach, including defining detailed requirements, developing appropriate communication plans and scheduling next steps, such as arranging for reviewer training. This phase should include the following elements:
4. Controlling and monitoring. During this stage, the work is executed and the project manager is responsible for providing performance and status reports, and controlling scope, timelines, cost, risk, and quality, continually verifying that all results meet project requirement specifications.
5. Closing. All projects, including those related to litigation, must come to an end. A number of tasks should be completed during the closing stage of any project. Failure to complete these tasks will mean that an important benefit offered by comprehensive project management is lost, especially when similar projects may arise in the future. It is during this stage when documentation, reports and results are analyzed and finalized. This work should be made available for future projects in order to provide additional efficiencies and to avoid reinventing the proverbial wheel. Lessons learned are a key component of this closing-stage “knowledge capture” and should be shared with all individuals who are involved or may be involved in similar future projects.

Project Management Qualifications

Professional project management support should be viewed as a necessary component of any e-discovery project. The project manager selected should have direct access to all stakeholders and resources. The project manager should also have the credentials and experience necessary for successful completion of an e-discovery project. Whether the person resides inside the corporation, inside the law firm or with the e-discovery service provider, it is important to assess the qualifications of a proposed project manager prior to beginning work. Following are indicators that can be applied to determine potential qualifications and fit:

• Degrees, certifications and other professional qualifications. Formal project management education is a key component in any successful project manager. There are currently a number of degree and certification programs, including the Project Management Institute's Project Management Professional certification. As long as a reputable education program is chosen, project management fundamentals are generally consistent across different programs and can be applied to the e-discovery and litigation support industry. It is important to emphasize that project management is a specific career path and not just a set of responsibilities to be added to any team member's plate.
• Previous e-discovery and litigation experience. In general, project management fundamentals can consistently be applied across a wide range of projects. Litigation, however, is an inherently stressful process with project failures that can, in some cases, result in legal sanctions. As the e-discovery industry is constantly evolving, so are the skills of the people delivering the services. Five years ago, e-discovery project managers couldn't have provided the services that they can today. More experience through multiple projects has provided project managers in the industry the ability to provide guidance and expertise on new matters with tested, proven project management frameworks that can be applied to every matter.
• Number of projects managed at any given time. Depending on the size and scope of e-discovery projects, project managers can often manage multiple matters at any one time. With proper planning and allocation of resources, the effectiveness of services provided by a project manager does not necessarily decrease with an increased caseload. There is a limit, however.
• Flexibility. As all litigation or regulatory demands are unique, e-discovery project managers must remain flexible in the application of project management principles. It is in this area where traditional IT project management principles and litigation requirements seem to butt heads most often. Many formal project management ideals stem from software development and management cycles with lower levels of variance. Even project managers with experience in alternative project management approaches have a hard time applying the processes to litigation needs due to scalability requirements. An individual with a background in the legal industry understands the variances from matter to matter and can be more flexible in the management of the issues that often arise. One of the main benefits of professional project managers is their application of standard fundamentals regardless of project variances. New processes and tools cannot be developed for every matter. An effective project manager will assess the tools available (fundamentals, experience, training, resources) and be flexible in the application of those common tools.