Marketing Tech: Unfiltered Impressions

What Was Bought Instead of Buying

While one in-house lawyer for a large bank commented that “no one wants to spend money,” a variety expressed an interest in increasing their investment in people, rather than tools. “I don't see us buying anything, but evaluating what we have bought to determine what we should do next year,” said another in-house lawyer with a prominent insurance company. Law firms discussing strategy with their clients should consider this impression when offering options for staffing and potential technology purchases.

Counting on the Cloud

Many are looking at ways to connect the tools they already own to holistically integrate their systems and leverage the cloud more expansively. “This is a big issue for the legal team, since the company seems to be moving to the cloud,” the insurance company's counsel added. In fact, in-house legal personnel emphasized a focus on investments in Office365. To accommodate their clients, law firms should consider asking about existing technology and offer creative ideas for adapting the tools in which a corporation has already invested for the new matter under consideration. In addition, although law firms may not be as comfortable with the cloud as their clients, they should recognize the general interest of most companies in using the cloud where appropriate to promote efficiency and cost-savings.

Tech Interest Varies

Although responding corporate counsel reported focusing on personnel, they emphasized that their less sophisticated peers are still selecting tools. “There are also so many new software programs coming out that a lot of people want to explore what is available,” said a senior litigation counsel for a financial services company.

“More people are investing in licensing document review platforms, managed services, or tools they want to use for in-house processing,” added an attorney for an entertainment company noting that half of his peers are investing in processing and review infrastructure, while the other half are focused on managed review. Although this technology may limit the number of hours that a law firm could bill, familiarity with it builds confidence and reflects the digital savvy of a particular practice group.

Security Strikes a Nerve

For corporate counsel, departing employees are a significant challenge. “There are concerns about prior employees not being cooperative or compliant with existing legal holds in litigation,” said one in-house lawyer in financial services. “Also, if you are a disgruntled employee looking to harm a prior employer, there are a lot of ways to inflict it through records,” the lawyer added.

As a result, security is a key factor in law department planning. “There is far less understanding across big swaths of the industry about data security issues than there should be, including at law firms, which don't understand how they deal with client data as big information security and privacy issues,” remarked a global head of e-discovery for a Fortune 500 company.

This level of understanding is similarly important when working with a service provider. “If the vendor cannot provide security, they cannot be hired,” said one director of e-discovery. “In the kind of world we are in now, the assurance that the company's data is in a safe place can help you be more confident.” As a result, law firms must consistently highlight their best of breed technology and proven internal protocols to counter any misimpression about a lack of security.

In-House Teams Are Interested in Information Governance

With the increased emphasis on security, e-discovery, records management, and information governance are beginning to merge. As part of this process, in-house legal personnel are reconciling legacy technology with more modern products. “Support of older tools is a concern now,” said one director noting that his company maintains four different e-mail archiving tools. And, collecting data from a mobile device is becoming an issue in terms of systematically capturing information. Again, law firms who showcase their talent and ability in this area are sure to realize a competitive advantage.

Project Management and Institutional Knowledge Matters

For in-house legal personnel, there is a focus on project management. “What differentiates vendors is project management; if price is competitive, project management is making the difference,” said one administrative director. “We prefer a strong project manager, who knows the process, understands what the company is trying to accomplish, and can merge the two together with the company's best interests in mind,” said another manager. “The vendor should also be in it for the long game; we don't want a short-term view,” he added.

Skill is equally critical for corporate counsel. “I want a vendor who can anticipate key issues for me and hold my hand in certain respects,” said an in-house lawyer responsible for information management at a financial services company. Corporations continue to streamline the number of providers with which they work based on performance and responsiveness. “We would like someone to cover as much of the spectrum as possible, rather than employ a complex range of vendors,” remarked another law department leader.

Ultimately, most companies are looking for colleagues who understand their internal protocols, culture, and approach to their cases. “As they develop information about our processes and our enterprise, it is important that they provide new ideas and serve as our partner.” In fact, many maintain their relationships with vendors who have been the most consistent and honest about revealing inevitable mistakes quickly.

That continuity is helping vendors learn more about a company's business, saving the company money, and increasing the accuracy of each production. Law firms that acknowledge these trends and adapt to them are likely to find additional client development opportunities.

Ari Kaplan, a member of this newsletter's Board of Editors, is the founder of Lawcountability and provides a variety of training programs at law firms nationwide. For a summary infographic of the E-Discovery Unfiltered report's general industry findings, e-mail [email protected].