The document discusses litigation issues and project management. It covers the complexity of modern litigation due to factors like multiple jurisdictions and large document volumes. Effective document management is important, as is legal project management. A case study example illustrates lessons like being flexible and ensuring regular monitoring and communication across team members to manage complex litigation matters.

1. November 19, 2014
Wrestling Common
Litigation Issues to the Mat

2. Panelists
Lynn Mahoney
• Assistant General Counsel, Bruce Power
David T. Woodfield
• Partner, Toronto
Laura Van Soelen
• Associate, Toronto
Rick Kathuria
• National Director, Project Management and Legal
Logistics, Toronto
2

3. Outline
1. Complexity in modern litigation
2. Document management for litigation
3. Legal Project Management (LPM)
4. Case Study – Lessons Learned
3

4. 4
Part I: Complexity in Modern Litigation

5. What do we Mean by Complex Litigation?
Complex (adjective)
1. composed of many interconnected parts;
compound; composite: a complex highway
system.
2. characterized by a very complicated or
involved arrangement of parts, units, etc.
3. so complicated or intricate as to be hard to
understand or deal with: a complex problem
Source: dictionary.com
5

6. Complex Litigation Can be Like a Bowl of Spaghetti
6

7. Sources of Complexity in Modern Litigation
 Multiple jurisdictions (and
possibly multiple counsel)
 Parallel proceedings (e.g.,
regulatory and civil)
 Various defendants
7

8. Sources of Complexity in Modern Litigation
 High stakes
 Thousands, sometimes
millions of documents
 Highly technical issues
8

9. Dealing with Complexity
9

10. Dealing with Complexity
• All of the moving parts in the big picture should
be co-ordinated.
10

11. Co-ordination
• Co-ordinate:
 Resource use
 Schedules
 Budgets
 Messaging
11

12. 12
Part II: Document Management for Litigation

13. Once Upon a Time….
13

14. Now: The Age of Electronically Stored Information (“ESI”)
14

15. The ESI Revolution
• Data is rarely stored in banker’s boxes.
• Now it’s stored digitally – and not just on
computers.
15
HOST

16. The ESI Revolution
• Some statistics:
 Over 99% of all documents are created or stored
electronically.
 60 billion emails are being created and sent each
day around the world.
 Enterprise data is doubling every three years.
Source: Lexisnexis: Elements of a Document Retention Policy,
Proliferation of ESI
16

17. The ESI Revolution
• ESI differs from hard copy documents
 Volume
 Variety of sources
 Dynamic quality
 Hidden Information
 Dependent on the system that created it
 Hard to delete
Source: Managing Discovery of Electronic Information
http://www.fjc.gov/public/pdf.nsf/lookup/eldscpkt.pdf/$file/eldscpkt
.pdf
17

18. The Impact of the ESI Revolution
 More information is
accessible than ever before.
 Information can be altered or
disseminated rapidly.
 Storage is a massive issue.
18

19. ESI has Increased Production Volumes
19

20. Meeting the Challenge
You can help your organization
by being:
 Ready
 Flexible
 Proactive
20

21. Be Ready
21
Be ready:
develop a
comprehensive
document
retention policy

22. Document Retention Policies
 Explain the organization’s document storage system
 Set retention standards
 Take steps to protect privilege
 Enforce and audit the policy
22

23. Document Retention Policies
• Consider
 Special rules that apply in
different proceedings
(e.g., litigation vs.
arbitration)
 Legal principles and best
practices
 Efficiencies
23

24. Be Flexible
• A document retention policy should be flexible.
 Suspend regular destruction of documents that are
relevant to actual or threatened litigation
 Litigation hold policies can be developed separately
or as part of the same policy
24

25. Why is this Important?
• There are consequences for
failing to retain documents:
 Tort of spoliation
 Striking of pleading
 Adverse inference
 Contempt of Court
25

26. Be Proactive
• Plan for document production early on
26

27. Document Management for Litigation
• Steps in an efficient e-discovery project:
1. Preserve documents
2. Plan
3. Meet and Confer
4. Review
5. Produce
27

28. Preserve Documents
 Identify custodians
 Identify date de-limiters
 Implement a litigation hold
 Assess the document pool
 Gather potentially relevant documents
 Engage IT personnel
28

29. Plan
 Early case assessment
 Determine appropriate review
platform
 Design a review process (e.g.,
manual vs. technology-assisted
review)
 Consider retaining an e-discovery
specialist and other
external providers, if
appropriate
29

30. Plan
Review the
smallest
appropriate
data set
30

31. Meet and Confer
31

32. Review
 Train review team
 Monitor quality of review team’s work
 Review team’s output regularly
32

33. Produce
33
 Production
formats
 Timetables
 Inadvertent
disclosure
 In accordance
with obligations
(e.g., discovery
plan, affidavit of
documents)

34. Document Management for Litigation
• New development:
1. OBA E-Implementation Committee model
affidavit of documents (Ontario)
 More reflective of modern document review
practices
 Incorporates proportionality
 Appends a discovery plan
34

35. 35
Part III: Project Management

36. Objectives
36
1 Overview of Legal Project Management
2 Review basic LPM principles
3 A 4-stage LPM Framework
4 Roles and Responsibilities

37. Overview of (Legal) Project Management
37 *Source: PMI / PMBOK
Definitions
 Project Management: the application of knowledge, skills, tools,
and techniques to meet the project requirements
 Project: A temporary endeavor undertaken to create a unique
product, service or result
What is the difference between “Project Management”
and “Legal Project Management”?

38. Benefits of Legal Project Management
38
clients participants law firm
value knowledge market differentiator
efficiency appropriate work
predictable cost get paid for the hours worked
clarity on each matter
enhance trust/relationships/teamwork
client satisfaction

39. Iron Triangle – Triple Constraints
39
Every project has three key constraints that must be considered
together

40. Iron Triangle – Triple Constraints
40
The consequences of changes should be thought through proactively

41. RACI Matrix
41
People responsible to complete
the tasks
The one (and only one) person
accountable for the outcome
People who add knowledge
and expertise
People affected by the outcome
– Stakeholders
R
A
C
I

42. Roles on a Legal Matter (Overall)
42
Client Team
 Client Sponsor
 Client Team
Law Firm Team
 Relationship Lawyer
 Lead Lawyer
 Matter Team
 Legal Project Manager
Third Party
Note: A person can play multiple roles a matter.

43. Gowlings PracticalTM Framework
43
A four step-framework
making LPM easy for
us and our clients

44. Gowlings PracticalTM Framework – Define
44
1 Define
 Matter goals
 Client objectives
 Scope of work
 Timing
 Staffing
 Value
Key Law Firm Responsibilities
 Understand client expectations
Key Client Responsibilities
 Clearly articulate expectations and a
definition of success
R
A
C
I
Lead Lawyer
Relationship Lawyer
Client Sponsor
Matter/Client Team, LPM

45. Gowlings PracticalTM Framework – Plan
45
2 Plan
 Agree scope; assumptions
 Establish plan; key milestones
 Allocate resources
 Identify baseline fee estimate
R
A
C
I
LPM
Lead Lawyer
Client Sponsor
Relationship lawyer,
Matter/Client Team
Key Law Firm Responsibilities
 Engagement Letter outlining plan with
scope, fees and assumptions
Key Client Responsibilities
 Review, validation and feedback on
scope, fees and assumptions

46. Sample Project Plan Template
46

47. Sample Project Plan Template – Task View
47
Assumptions
Links to precedents
Progress
Status

48. Gowlings PracticalTM Framework – Monitor and Manage
48
3 Monitor & Manage
 Track progress (dockets)
 Identify variations
(scope, schedule, estimates)
 Take corrective actions
 Identify and track risks
 Communicate status
R
A
C
I
LPM
Lead Lawyer
Client Sponsor, Matter/Client
Team
Client Sponsor, Matter/Client
Team, Relationship Manager
Key Law Firm Responsibilities
 Status reports
 Addendums to engagement letter
Key Client Responsibilities
 Provide direction on new circumstances
 Provide feedback

49. Gowlings PracticalTM Framework – Review and Improve
49
3 Review & Improve
 Lessons learned
 Client satisfaction
R
A
C
I
LPM
Lead Lawyer
Client Sponsor, Matter/Client
Team
Relationship Lawyer
Key Law Firm Responsibilities
 New and updated precedents
 Historic matter data for comparison
Key Client Responsibilities
 Provide feedback
 Historic matter data for comparison

50. 50
4. Case Study – Lessons Learned

51. Case Study
• Complex case involving:
 One named claimant and defendant, but several
other interested parties
 Millions of documents
 Dozens of witnesses
 Many highly-technical issues
 No defined set of procedural rules
51

52. Lesson 1: Be Flexible and Adaptable
52

53. Lesson 2: Regular Monitoring is Important
53
DO NOT DO

54. Lesson 3: Work as a Team
Communicate
54

55. Thank You
Lynn Mahoney: Bruce Power
David Woodfield: Gowlings
Laura Van Soelen: Gowlings
Rick Kathuria: Gowlings
55
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