Q:  How do you include collaboration as part of a successful legal spend management program?

Answer:  Collaboration is a process where two or more people work together toward a common goal.  This is usually accomplished through sharing knowledge, learning and building consensus.  In the legal spend management world, we see matter resolution as the common goal and collaboration as a way to prepare for decisions related to legal strategy.  Collaboration is a best practice approach to decision making that helps ensure the most timely and successful outcome.  

There are several times during the lifecycle of a matter where collaboration is crucial.  These times include during the development of the initial assessment (who does what tasks and by when), and when creating a financial plan or budget for the matter.

The initial assessment should be referred to continuously to validate that "we are on track". Any changes to this plan must be documented in a place that is as easily accessible as the initial plan itself.  An online legal spend management solution that offers threaded conversations and document posting capabilities will better support these goals.

At the same time this plan is submitted, a budget should be set.  As you review the activities necessary to resolve the matter, collaboration regarding the financial aspects of the matter should be discussed as well.  A legal spend management application that provides a visible and easy-to-use budgeting tool in addition to actual-to-budget comparisons is best.   With these comparisons at their fingertips, all parties can continuously assess new or alternate strategies to keep resolution on track – and on budget. 

Top 5 Collaboration Best Practices:

1) Don't replace conversation with email or notes. Instead, use email and notes to confirm your understanding of the agreements that were reached during the discussion.

2) Discuss with your firms how to budget effectively. Is it by task, phase or matter level? Once this is established, agree with your firms how the legal spend management solution will support the financial planning process.

3) Based on your experience, share with your team the value of performing specific activities associated with a specific matter type and encourage them to communicate the same message with the handling attorney. Are the right people performing the right activities, and are there other members of the firm's team that could do an equally effective job at a lower cost? Are there activity dependencies that need to be taken into account?

4) Make sure the collaborative legal spend management system you use enables you to measure success. Examples could be planned versus actual costs or matters that are on budget; matters that settled for less than or equal to the original assessed settlement value. This information will help your team determine the firms you want to work with and to establish internal best practices.

5) Use every opportunity to discuss how each activity or result impacts the "plan" around the matter. For example, ask yourself and your partners, with each activity completed, can this matter be resolved at this time?

Remember, collaboration is a critical component to an effective Legal Spend Management strategy. The tools that support collaboration are great for tracking processes and can provide some predictability for future cases.

Still want to learn more?  View now the archive of our Collaboration Best Practices Webinar.

      

Karen Fettig

Karen Fettig,
Legal eXchange™
Product Manager


Karen came to Bottomline from Farmers Insurance, where she held leadership roles in establishing the company’s central bill review and in the development of its internal claims litigation management platform. A former insurance defense attorney, Karen has extensive claims management and litigation experience having held positions earlier in her career with Liberty Mutual and Wausau Insurance.

 

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About Bottomline Technologies

Bottomline's legal spend management solution, Legal eXchange, helps companies manage litigation costs and outside counsel more efficiently.  Supported by electronic invoice data, users can align budgets and case handling strategies with outside counsel, establishing benchmarks for increased cost predictability.  Legal eXchange is deployed at many leading corporations, including several of the top 25 global insurance companies.  Learn more »