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Redefining Roles in Litigation Support

Presented by:Colette Craig, Senior Litigation Technology Specialist

Day Pitney LLP

Charlotte Riser Harris, Managing Consultant

Five Star Legal and Compliance Systems, Inc.

Lee McCallister, Of Counsel, Dir. of Practice Technologies

Blank Rome LLP


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Definitionsfor the purpose of this presentation

Technical TeamInternal litigation support department ITVendor

Legal TeamParalegalAttorneySecretary and other support staff


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In the Paper World . . . .

What was the role of the Legal Team?

How did the Legal Team interact with the Technical Team?


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In the Paper World . . .

What was the role of the Technical Team?

How did the Technical Team interact with the Legal Team?


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Toto, I have a feeling we're not in Kansas anymore!


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New Legal Team World


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The Legal Team – Traditional ApproachThe lawyer :

“The team member best able to perform the task of every other team member,

if only they had the time.”The lawyer has:

expertisecertainty control, and can successfully shoot from the hip

The traditional legal team is exceedingly hierarchical and each member follows the lead (lawyer) to perceive where every other member fits within the pack.

Litigation support is outside of the team but is occasionally delegated a task in support of the team.


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The Legal Team in a Changing WorldElectronic communication and record keeping is changing how businesses function and

creating discovery challenges for the firms that represent them.

New legal rules and advances in litigation technology are forcing legal teams to reconsider their traditional approach.

We are witnessing a shift . . .From

Discovery as a sideline or necessary evilDelay and postpone discovery activities and costs as much as possible“Give the opponent as little as possible” and in the format most difficult to use

To Discovery as an increasingly significant component of litigation budgets and a client priorityA strategy for required early meet and confer and discovery disclosuresDelivery of information in a reasonably usable format


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The Legal Team -- Compelled to ChangeDiscovery has transitioned from a legal exercise requiring skilled lawyering to a process exercise requiring skilled project managementThe scope of the project is no longer visible to the naked eyeImplications of a decision or chosen course of action are no longer intuitively predictableGrowth in the litigation support industry and potential revenue has encouraged investment resulting in virtually unlimited workflow options and decision pointsThe project often involves multiple vendors with interdependent tasks -- requiring more resources for vendor managementThe technical skills and knowledge required are increasingly complex and in constant flux

As a consequence, the attorney feels: Loss of controlUncertaintyIneptitude, and,

Shots from the hip are likely to be misses with disastrous consequences.


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The New Legal TeamThe modern discovery project requires a multidisciplinary team and redistribution of roles and responsibilities –- litigation support should transition from task taker to integral part of the team (strategy maker)There is a greater need for enhanced communication and organizational skillParalegal may no longer be the ‘go to’ person for attorneys for part of the discovery processThe entire team needs basic knowledge of

The basic characteristics of images, OCR/full text, native files, metadata, etc.The basic theory and logic behind litigation support softwareLitigation Support should be the expert in these areas

The team should rely proactively upon Litigation Support not just for tasks (support, training, data manipulation) but for planning and strategyLitigation Support is an integral part of the team!


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New Technical Team World


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Rapidly developing litigation support technology

Non-standard and varied sources of data (e.g. voice mail, PDAs, backup tapes)

Ramifications/implications of integrating client data into firm infrastructure

Unmanageable amount of data


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More complex databases and processes

More software options with unique and overlapping functions

Different vendor pricing models – difficult to compare apples to apples

Ability (and time) to keep up with new technology and case law


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New Technical Team WorldNeed for a basic knowledge of discovery and litigation

Balancing in-house and outsourced services

QC and follow-up

Dealing with vendors who make mistakes and may or may not be very knowledgeable – can’t just hand them a project and walk away

Manage discovery projects (including vendor relations)

Consult and interface with client IT departments and interpret technical information


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Lack of conformity in practices between Legal Teams

Ability to strategize, plan and think outside the box – no two projects are alike

Include members of legal team during planning and course of project

Assist with collections (with serious implications)

Complete documentation of processes (with serious implications)


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Need for creative and innovative thinking

Need for strong communication skills

Communicate with and educate legal team

Extreme attention to detail

Team work


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It’s a new world out there. . .


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Education and TrainingThis list applies to legal teams and technical teams

Vendor e-discovery classes and websites

Certification courses (paralegal, EDD, software)

Listserv memberships

Attendance at conferences (ILTA, Legal Tech, NFPA)

Subscription to periodicals

Membership and participation in professional organizations

Continuing Legal Education


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What Needs to Get Done?


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Tips and Thoughts

Clearly define all roles at your firm and for each project

Understand the unique challenges being faced by legal team members

Assist legal teams through the transition

Recognize they are going through a significant change

A positive attitude makes change less painful

Be persistent and approach the education and transition in different ways depending on your audience – be creative!


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Tips and Thoughts

Ask questions to be sure you understand the legal team’s perspective or frame

If someone is asking a ‘dumb’ question, they don’t understand something they need to understand

Look for ‘training opportunities’

Be flexible

Be a team player

Take ownership of the need to educate

Be open-minded – a non-technical solution may be best


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Lee McCallister, Of CounselDirector of Practice

[email protected]

215-988-6940

Colette CraigSenior Litigation

Technology [email protected]

860-275-0285

Charlotte Riser HarrisManaging [email protected]

800-699-0199

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