The DNA of an In-House Corporate e-Discovery Project Manager

Last month's article asked the burning question: “Which make better e-discovery project managers ' lawyers or technicians?” The answer, of course, was inconclusive and dependent on the structure, culture and technological sophistication of the particular law firm or service provider. But what about in-house, at a corporation? What is the DNA of an in-house e-discovery project manager ' and how can you become one, whether you are a lawyer or a technician? Let's define an in-house e-discovery project manager, examine in-house corporate hiring trends and endeavor to understand what the corporate appetite is for grooming talent or, conversely, for hiring experienced e-discovery professionals.

What Is a Corporate e-Discovery Project Manager?

“The rare mix of technical experience, legal knowledge and customer service is what we all hope to find in a project manager. Most of us, I think, would like to find service-oriented technologist PMs and pair them with discovery lawyers who can assess risk and guide the PMs. Above all, my view is that a quality PM would have a service-oriented mindset with good technical and communication skills.” ' Tom Morrissey, Sr. Director at Purdue Pharma LP

The truth is that no two corporations define the responsibilities of an in-house e-discovery project manager the same way. Most hiring managers within Fortune 1000 companies who have staff, however, tend to look for what Part 1 of this article called the “one-man-band” type of candidate, similar to what Morrissey described above. There are, however, a series of trending skills that most corporations value and seek when considering to whom to give the responsibility of in-house e-discovery project management.

The most common responsibility of an in-house corporate e-discovery project manager is managing cost by negotiating with outside vendors. Vendors now play a huge role in corporate in-house solutions at a transaction and enterprise level. Corporations also tend to work with vendors in a relatively exclusive and committed fashion for periods of two to three years. Winning a master service agreement with a corporation can take years of salesmanship and courting and usually means a large amount of business that will be guaranteed for years. As a result, corporations have gotten savvy to careful examination of risk and costs associated with vendor bills. Many corporations, particularly in the banking and pharmaceutical verticals, have begun specifically hiring people whose core task is negotiating terms and pricing with great scrutiny, scalability and customization. Furthermore, many corporations rely on their outside counsel to service their e-discovery needs on both legal and non-legal levels. Thus, managing outside counsel often becomes a core responsibility of the in-house e-discovery project manager. This can be an advantage for lawyers wanting to become e-discovery project managers.

Another core skill of an in-house e-discovery project manager is developing and/or maintaining best practices to meet discovery requirements. This can include processes that are very legal in nature. Often these in-house e-discovery project managers are hired in the legal department, not in the IS or IT group within a corporation. More to the point, these project managers are often titled “of Counsel” or “Special Counsel” for e-Discovery, and are often promoted from within and not hired from external resources. When they are hired from the outside, they are usually consultants with J.D.s who have been working for the corporation in an outsourced capacity for some time.

The third most required skill set is managing the corporation's data sources, internal systems and custodians. Those who are already employed in the IS or IT departments have a distinct advantage moving into this role because they already know the organization's data sources, internal systems and custodians. The in-house e-discovery project manager who handles the technical execution of collecting and producing data typically works in a very large corporation that has ongoing demands in litigation or internal investigation. The key skill here is knowing where to look for data and how to preserve data in order to reduce risk of spoliation and sanctioning.

The final, not-to-be-overlooked, common responsibility of an e-discovery project manager is executing the instructions of in-house attorneys. This coordination often involves uniting all of the above skills. In-house paralegals often fill this need, depending on the size of the corporate legal department. For in-house paralegals who are looking for growth, the professional development they require is to become more technical with litigation support systems.

To Train, or To Hire Experience?

“I have found it more productive and have had better customer service using the same techs from collection all the way through production. They know the data, know how it is coded, can find errors fast, and are very efficient at spot checking a review.” ' John Goff, Manager of Information & Electronic Records, Legal at The Pulte Group

Most corporations are training their e-discovery project managers ' from within! It has proven easier for most corporations to train people who already understand their culture, data infrastructure and legal policies on the ins and outs of e-discovery than it is to hire e-discovery professionals from the outside and then indoctrinate them into the corporation's knowledge base. Since many corporations collect their own data, as Goff, a former in-house e-discovery manager at a large financial institution, articulated above, it is often easier to train that talent to manage the entire in-house e-discovery lifecycle of a case.

Yes, there are exceptions to this rule. One exception is when a corporation thinks it will be more cost effective to hire an external consultant permanently and bring her in-house. Other exceptions are those instances where corporations have decided to process and host their own data for review and need experts in specific tools to step in and hit the ground running. The nature of these immediate needs leads to an increase in contract hiring from corporations. Alternatively, there is an increasing trend for corporations to hire contractors for project-based needs. This is good for the corporation because it reduces headcount and keeps human resources scalable, but is also good for the talent pool, who yearn for the experience of working in-house.

How to Become an In-House e-Discovery Project Manager

The most common way to get an in-house e-discovery project manager position is to be promoted from within. (Sorry!) Aside from internal promotion, the second most common way is to service a corporation as an external consultant or outside counsel, and, in time, you may be given the opportunity to join permanently in-house. Some corporations are hiring externally, but that is rare, and it typically occurs in the legal department for lawyers who are former litigators who practiced e-discovery. The more important question is, perhaps, “Do I want to be an in-house e-discovery project manager?” Many aspiring in-house project managers have a misconception of what life will be like in-house. Here are a few myths that are important to dispel before considering a move in-house:

“Things move more quickly in-house because you are closer to the end client, the corporation.” False. Things tend to move very slowly in-house. When decisions get made, they are big decisions, so they are not made quickly.

“Working in-house means better quality of life and fewer work hours.” False. Deadlines are deadlines and litigation is litigation. Just because you are in-house does not mean you will work from 9 a.m. to 5 p.m.

“Working in-house means a jump in compensation.” False. In-house corporate talent is moving to the vendors not only because the demand is there, but also because the opportunity for increased salary is there. Most in-house corporate project managers are making less than their counterparts at law firms and service providers.

It is true that corporations are taking greater control of the e-discovery process, but this does not necessarily translate to hiring more in-house. Keep in mind that all corporate in-house e-discovery professionals are a cost to the corporation. They are not billable and do not generate revenue, though their counterparts at firms and vendors typically do. Their goal is more cost savings, making that skill (again) the most valuable asset to an aspiring in-house e-discovery project manager. Few corporations in-source the heavy-lifting of e-discovery and they still rely on outside counsel and providers for service.

What Does In-House Talent Do Next?

“Corporate clients who outsource prefer to speak to a project manager who not only understands the workflow of a project but also is someone who can answer the tough questions regarding the technical nature of a project.” ' Daniel Torba, Manager of e-Discovery Services U.S. Region at Freshfields Bruckhaus Deringer U.S. LLP

As vendors take a greater role in handling in-house corporate legal departments' e-discovery needs, there will be more opportunities for existing in-house professionals to transition their careers to consultancies and vendors. Vendors are hiring talent from corporations. It's a cyclical hiring pattern; as mentioned before; corporations often hire the consultants who have been servicing them to join them in a full-time role in-house. Now, vendors are pulling talent from corporations (which usually are not their clients) in order to bring in-house credibility and perspective to their talent pool. This is because their core client base is shifting from law firms to corporations.

In-house e-discovery project managers looking to leave the comforts of their corporate positions can make themselves more marketable to external providers in several ways. First, they need to know the nuances of managing projects with in-house corporate decision makers. Knowing what makes servicing a corporation different from a law firm is the core skill vendors need and is the reason they want to hire from in-house corporate departments. Second, they need to bring established relationships and opportunities for future business with them. People-savvy, relationship-driven project managers will form bonds with the attorneys and corporate executives they have serviced while working in-house. Having the ability and confidence to call upon these professional relationships for future business is a key delimiter in making someone more marketable. Third, they need to be “doers.” Many in-house professionals are coordinators of outsourcing, a valuable but not necessarily hands-on skill set. A “doer” is someone who knows how to actually manage and manipulate data and reporting within standard tools like LAW, Concordance, Relativity, Nuix, Ringtail, Summation and more.

It is worth noting that in-house e-discovery project managers have had a harder time transitioning to roles in law firm litigation support groups because the emphasis tends to be near the middle of the EDRM in law firms (processing, hosting, review) and less on the bookends of the EDRM (IG, Collections and Production, Resolution) as it is in-house at a corporation.

DNA Is About Classification

Understanding your existing career and having the ability to classify your skillset will help create an awareness of how to change, learn and grow toward the career to which you aspire. The DNA of a corporate in-house e-discovery project manager is still in evolution. Now is an opportune time to think about what moving in-house as a career step will require of you professionally, even if it is not the right time to actually make that career move.

Jared Coseglia, president of TRU Staffing Partners, has 11 years of experience successfully placing over 1,500 professionals in full-time and temporary positions in e-discovery and litigation support. Jared is a globally recognized “go-to” individual for clients and candidates in need of staffing solutions or career guidance and management in e-discovery. He was recognized as Best National Legal Recruiter (National Law Journal, 2012, 2013 & 2014), and Best Litigation Support Agency (NYLJ, 2013). He can be contacted at [email protected].

Last month's article asked the burning question: “Which make better e-discovery project managers ' lawyers or technicians?” The answer, of course, was inconclusive and dependent on the structure, culture and technological sophistication of the particular law firm or service provider. But what about in-house, at a corporation? What is the DNA of an in-house e-discovery project manager ' and how can you become one, whether you are a lawyer or a technician? Let's define an in-house e-discovery project manager, examine in-house corporate hiring trends and endeavor to understand what the corporate appetite is for grooming talent or, conversely, for hiring experienced e-discovery professionals.

What Is a Corporate e-Discovery Project Manager?

“The rare mix of technical experience, legal knowledge and customer service is what we all hope to find in a project manager. Most of us, I think, would like to find service-oriented technologist PMs and pair them with discovery lawyers who can assess risk and guide the PMs. Above all, my view is that a quality PM would have a service-oriented mindset with good technical and communication skills.” ' Tom Morrissey, Sr. Director at Purdue Pharma LP

The truth is that no two corporations define the responsibilities of an in-house e-discovery project manager the same way. Most hiring managers within Fortune 1000 companies who have staff, however, tend to look for what Part 1 of this article called the “one-man-band” type of candidate, similar to what Morrissey described above. There are, however, a series of trending skills that most corporations value and seek when considering to whom to give the responsibility of in-house e-discovery project management.

The most common responsibility of an in-house corporate e-discovery project manager is managing cost by negotiating with outside vendors. Vendors now play a huge role in corporate in-house solutions at a transaction and enterprise level. Corporations also tend to work with vendors in a relatively exclusive and committed fashion for periods of two to three years. Winning a master service agreement with a corporation can take years of salesmanship and courting and usually means a large amount of business that will be guaranteed for years. As a result, corporations have gotten savvy to careful examination of risk and costs associated with vendor bills. Many corporations, particularly in the banking and pharmaceutical verticals, have begun specifically hiring people whose core task is negotiating terms and pricing with great scrutiny, scalability and customization. Furthermore, many corporations rely on their outside counsel to service their e-discovery needs on both legal and non-legal levels. Thus, managing outside counsel often becomes a core responsibility of the in-house e-discovery project manager. This can be an advantage for lawyers wanting to become e-discovery project managers.

Another core skill of an in-house e-discovery project manager is developing and/or maintaining best practices to meet discovery requirements. This can include processes that are very legal in nature. Often these in-house e-discovery project managers are hired in the legal department, not in the IS or IT group within a corporation. More to the point, these project managers are often titled “of Counsel” or “Special Counsel” for e-Discovery, and are often promoted from within and not hired from external resources. When they are hired from the outside, they are usually consultants with J.D.s who have been working for the corporation in an outsourced capacity for some time.

The third most required skill set is managing the corporation's data sources, internal systems and custodians. Those who are already employed in the IS or IT departments have a distinct advantage moving into this role because they already know the organization's data sources, internal systems and custodians. The in-house e-discovery project manager who handles the technical execution of collecting and producing data typically works in a very large corporation that has ongoing demands in litigation or internal investigation. The key skill here is knowing where to look for data and how to preserve data in order to reduce risk of spoliation and sanctioning.

The final, not-to-be-overlooked, common responsibility of an e-discovery project manager is executing the instructions of in-house attorneys. This coordination often involves uniting all of the above skills. In-house paralegals often fill this need, depending on the size of the corporate legal department. For in-house paralegals who are looking for growth, the professional development they require is to become more technical with litigation support systems.

To Train, or To Hire Experience?

“I have found it more productive and have had better customer service using the same techs from collection all the way through production. They know the data, know how it is coded, can find errors fast, and are very efficient at spot checking a review.” ' John Goff, Manager of Information & Electronic Records, Legal at The Pulte Group

Most corporations are training their e-discovery project managers ' from within! It has proven easier for most corporations to train people who already understand their culture, data infrastructure and legal policies on the ins and outs of e-discovery than it is to hire e-discovery professionals from the outside and then indoctrinate them into the corporation's knowledge base. Since many corporations collect their own data, as Goff, a former in-house e-discovery manager at a large financial institution, articulated above, it is often easier to train that talent to manage the entire in-house e-discovery lifecycle of a case.

Yes, there are exceptions to this rule. One exception is when a corporation thinks it will be more cost effective to hire an external consultant permanently and bring her in-house. Other exceptions are those instances where corporations have decided to process and host their own data for review and need experts in specific tools to step in and hit the ground running. The nature of these immediate needs leads to an increase in contract hiring from corporations. Alternatively, there is an increasing trend for corporations to hire contractors for project-based needs. This is good for the corporation because it reduces headcount and keeps human resources scalable, but is also good for the talent pool, who yearn for the experience of working in-house.

How to Become an In-House e-Discovery Project Manager

The most common way to get an in-house e-discovery project manager position is to be promoted from within. (Sorry!) Aside from internal promotion, the second most common way is to service a corporation as an external consultant or outside counsel, and, in time, you may be given the opportunity to join permanently in-house. Some corporations are hiring externally, but that is rare, and it typically occurs in the legal department for lawyers who are former litigators who practiced e-discovery. The more important question is, perhaps, “Do I want to be an in-house e-discovery project manager?” Many aspiring in-house project managers have a misconception of what life will be like in-house. Here are a few myths that are important to dispel before considering a move in-house:

“Things move more quickly in-house because you are closer to the end client, the corporation.” False. Things tend to move very slowly in-house. When decisions get made, they are big decisions, so they are not made quickly.

“Working in-house means better quality of life and fewer work hours.” False. Deadlines are deadlines and litigation is litigation. Just because you are in-house does not mean you will work from 9 a.m. to 5 p.m.

“Working in-house means a jump in compensation.” False. In-house corporate talent is moving to the vendors not only because the demand is there, but also because the opportunity for increased salary is there. Most in-house corporate project managers are making less than their counterparts at law firms and service providers.

It is true that corporations are taking greater control of the e-discovery process, but this does not necessarily translate to hiring more in-house. Keep in mind that all corporate in-house e-discovery professionals are a cost to the corporation. They are not billable and do not generate revenue, though their counterparts at firms and vendors typically do. Their goal is more cost savings, making that skill (again) the most valuable asset to an aspiring in-house e-discovery project manager. Few corporations in-source the heavy-lifting of e-discovery and they still rely on outside counsel and providers for service.

What Does In-House Talent Do Next?

“Corporate clients who outsource prefer to speak to a project manager who not only understands the workflow of a project but also is someone who can answer the tough questions regarding the technical nature of a project.” ' Daniel Torba, Manager of e-Discovery Services U.S. Region at Freshfields Bruckhaus Deringer U.S. LLP

As vendors take a greater role in handling in-house corporate legal departments' e-discovery needs, there will be more opportunities for existing in-house professionals to transition their careers to consultancies and vendors. Vendors are hiring talent from corporations. It's a cyclical hiring pattern; as mentioned before; corporations often hire the consultants who have been servicing them to join them in a full-time role in-house. Now, vendors are pulling talent from corporations (which usually are not their clients) in order to bring in-house credibility and perspective to their talent pool. This is because their core client base is shifting from law firms to corporations.

In-house e-discovery project managers looking to leave the comforts of their corporate positions can make themselves more marketable to external providers in several ways. First, they need to know the nuances of managing projects with in-house corporate decision makers. Knowing what makes servicing a corporation different from a law firm is the core skill vendors need and is the reason they want to hire from in-house corporate departments. Second, they need to bring established relationships and opportunities for future business with them. People-savvy, relationship-driven project managers will form bonds with the attorneys and corporate executives they have serviced while working in-house. Having the ability and confidence to call upon these professional relationships for future business is a key delimiter in making someone more marketable. Third, they need to be “doers.” Many in-house professionals are coordinators of outsourcing, a valuable but not necessarily hands-on skill set. A “doer” is someone who knows how to actually manage and manipulate data and reporting within standard tools like LAW, Concordance, Relativity, Nuix, Ringtail, Summation and more.

It is worth noting that in-house e-discovery project managers have had a harder time transitioning to roles in law firm litigation support groups because the emphasis tends to be near the middle of the EDRM in law firms (processing, hosting, review) and less on the bookends of the EDRM (IG, Collections and Production, Resolution) as it is in-house at a corporation.

DNA Is About Classification

Understanding your existing career and having the ability to classify your skillset will help create an awareness of how to change, learn and grow toward the career to which you aspire. The DNA of a corporate in-house e-discovery project manager is still in evolution. Now is an opportune time to think about what moving in-house as a career step will require of you professionally, even if it is not the right time to actually make that career move.

Jared Coseglia, president of TRU Staffing Partners, has 11 years of experience successfully placing over 1,500 professionals in full-time and temporary positions in e-discovery and litigation support. Jared is a globally recognized “go-to” individual for clients and candidates in need of staffing solutions or career guidance and management in e-discovery. He was recognized as Best National Legal Recruiter (National Law Journal, 2012, 2013 & 2014), and Best Litigation Support Agency (NYLJ, 2013). He can be contacted at [email protected].